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Real Estate Law Questions & Answers
Q: In a Legal Aid representation, is an acting attorney permitted to charge fees, and if so what fees and costs?
1 Answer
| Asked
in
Copyright, Real Estate Law and Landlord - Tenant
for
Florida
on
Answered on Oct 17, 2017
Answered on Oct 17, 2017
Andy Wayne Williamson's answer
Your question does not make sense. Try asking again and give more specifics. One answer would be that the legal aid attorney can charge as stated in the fee agreement.
Your question does not make sense. Try asking again and give more specifics. One answer would be that the legal aid attorney can charge as stated in the fee agreement.
Q: 1) I received my apartment deposit today (October 16,2017). I moved out July 31st, 2017. 2) I called a couple of weeks
1 Answer
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Michigan
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Kenneth V Zichi's answer
If you have PROOF you provided a WRITTEN forwarding address within 4 days of moving out, and have copies of the intake inventory showing the same damages claimed in the refund you have a pretty good case, but I'd advise you consult with a local landlord tenant attorney. You can sue for damages beyond the security deposit wrongfully withheld, but you should note the deadlines here: Michigan law provides that "Within 45 days after termination of occupancy and not thereafter the...
If you have PROOF you provided a WRITTEN forwarding address within 4 days of moving out, and have copies of the intake inventory showing the same damages claimed in the refund you have a pretty good case, but I'd advise you consult with a local landlord tenant attorney. You can sue for damages beyond the security deposit wrongfully withheld, but you should note the deadlines here: Michigan law provides that "Within 45 days after termination of occupancy and not thereafter the...
Q: How to legally open and operate marijuana cafe in CA.
1 Answer
| Asked
in
Legal Malpractice, Real Estate Law and Business Law
for
California
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
William John Light's answer
These are not the kind of question for which you can expect free legal advice on the internet. You need to retain an attorney to get in depth legal advice.
These are not the kind of question for which you can expect free legal advice on the internet. You need to retain an attorney to get in depth legal advice.
Q: 4 adult sibling were left a home, no mortgage. One sibling owes IRS $20,000. Cant sell. What can we do?
Ray Choudhry's answer
Is this house in an estate.
Who owns the house and how did it get in his or their names.
Is this house in an estate.
Who owns the house and how did it get in his or their names.
Q: I am a part owner of a 200 acre rice farm in N Calif. I own 24 % along with my sister each owning 24%.
Kristina M. Reed's answer
I am unclear about your question. The short answer is Yes, it is possible for all owners, except the 9% owner, to sell their ownership shares to you and your sister. You mention a partnership which may imply that there is a partnership agreement of some sort. You should contact a business and real estate attorney to discuss this particular arrangement/ownership structure and to help you structure the sale.
I am unclear about your question. The short answer is Yes, it is possible for all owners, except the 9% owner, to sell their ownership shares to you and your sister. You mention a partnership which may imply that there is a partnership agreement of some sort. You should contact a business and real estate attorney to discuss this particular arrangement/ownership structure and to help you structure the sale.
Q: We're family members of home owner. We have no lease or rent but pay utilities. She wants us to leave. Do we have rights
1 Answer
| Asked
in
Family Law, Real Estate Law and Landlord - Tenant
for
Florida
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Andy Wayne Williamson's answer
Basically no, you do not have the right to stay if she wants you to leave. Sorry for your situation but without a lease, you are an invited guest and she can kick you out.
Basically no, you do not have the right to stay if she wants you to leave. Sorry for your situation but without a lease, you are an invited guest and she can kick you out.
Q: My dad passed away and did not leave a will or anything. He didn't have much so not sure what my next step is. Probate??
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
Texas
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Terry Lynn Garrett's answer
Yes, hire a local probate lawyer. Since your father left no Will and apparently died single, you and any siblings will have to be declared his heirs in a heirship proceeding. You can then administer his estate. Keep in mind that if the retirement accounts designate a beneficiary, they pass to that beneficiary. Probate attorneys use various databases and sometimes hire specialized private investigators to find missing heirs and beneficiaries.
Yes, hire a local probate lawyer. Since your father left no Will and apparently died single, you and any siblings will have to be declared his heirs in a heirship proceeding. You can then administer his estate. Keep in mind that if the retirement accounts designate a beneficiary, they pass to that beneficiary. Probate attorneys use various databases and sometimes hire specialized private investigators to find missing heirs and beneficiaries.
Q: I live in Bergen Cty and on pay my rent online thru their portal i never physically resigned a lease
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
New Jersey
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Marcel Wurms' answer
If they took 2 1/2 months rent, they are shady. The law only allows for 1 1/2 months.
Once your lease terminates, it becomes a month to month lease. Unless your lease provides for more, 1 month's notice is all you need to provide your landlord.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney...
If they took 2 1/2 months rent, they are shady. The law only allows for 1 1/2 months.
Once your lease terminates, it becomes a month to month lease. Unless your lease provides for more, 1 month's notice is all you need to provide your landlord.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney...
Q: My brother was the trustee of our trust and dissolved it in 2013. But now us beneficiaries got a summons on the house
Richard Winblad's answer
You have a two part question:
1. Unless you signed a note, you are not personally liable for the debt. Still the mortgage holder can foreclose on the property.
2. You are also not personally liable for the taxes. But if the taxes are not paid the property will be sold at a "tax sale".
If either of the above occur and they property is sold for more than the obligations, then you may entitled to share the excess proceeds.
You may be able to sue your brother for...
You have a two part question:
1. Unless you signed a note, you are not personally liable for the debt. Still the mortgage holder can foreclose on the property.
2. You are also not personally liable for the taxes. But if the taxes are not paid the property will be sold at a "tax sale".
If either of the above occur and they property is sold for more than the obligations, then you may entitled to share the excess proceeds.
You may be able to sue your brother for...
Q: Can i being a Arkansas resident, buy a house in Oklahoma? if so any major drawbacks.
Richard Winblad's answer
Yes you can purchase a home, real property or mineral interests. There shouldn't be any "legal" drawbacks to that form of ownership.
Yes you can purchase a home, real property or mineral interests. There shouldn't be any "legal" drawbacks to that form of ownership.
Q: selling my moms house AS IS, buyers contract say they have 10 days after closing to backout, is this normal in okla
Richard Winblad's answer
This does sound strange. Closing is when title is transferred and you are paid. Inspections should occur prior thereto. A buyer is usually allowed to back-out of closing if the property requires a certain dollar amount of repairs. I'd be very careful and have it reviewed by an attorney prior to signing. The last thing you want to do is give them title then wait on the payment.
This does sound strange. Closing is when title is transferred and you are paid. Inspections should occur prior thereto. A buyer is usually allowed to back-out of closing if the property requires a certain dollar amount of repairs. I'd be very careful and have it reviewed by an attorney prior to signing. The last thing you want to do is give them title then wait on the payment.
Q: My friend is getting married in Texas and wants to buy a house. Can she put the house she will buy in the prenup?
1 Answer
| Asked
in
Civil Litigation, Family Law and Real Estate Law
for
Texas
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Salim U. Shaikh's answer
Sounds logical and advisable. For a specific advice, please consult Attorney of local jurisdiction who may advise what to declare and what not in the prenuptial.
Sounds logical and advisable. For a specific advice, please consult Attorney of local jurisdiction who may advise what to declare and what not in the prenuptial.
Q: I need to know before I file a law suit in Missouri. Can I sue for inconvenience in Missouri?
Salim U. Shaikh's answer
Did you pay the whole price of your deal? Did you mention the repair work to be performed by the seller in your sale deed? If yes, then you have a case to sue seller for non-commitment / violation of his deal.
Did you pay the whole price of your deal? Did you mention the repair work to be performed by the seller in your sale deed? If yes, then you have a case to sue seller for non-commitment / violation of his deal.
Q: Do I need a license or cert of any kind to apply a finders fee to a potential real estate buyer?
Jonathan A. Klurfeld's answer
It is illegal to receive any money (commission or referral fee) from a buyer or seller without a FL real estate license.
It is illegal to receive any money (commission or referral fee) from a buyer or seller without a FL real estate license.
Q: Our property manager has not been paying rent to us that the tenant has been paying him. What's our next step?
2 Answers
| Asked
in
Criminal Law, Real Estate Law and Landlord - Tenant
for
Florida
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Jonathan A. Klurfeld's answer
Hire a lawyer and sue the property manager for theft (possibly civil theft) and breach of contract. Any basic litigation lawyer in your area should be able to handle this, it's an extremely basic case. There are no special skills needed.
Hire a lawyer and sue the property manager for theft (possibly civil theft) and breach of contract. Any basic litigation lawyer in your area should be able to handle this, it's an extremely basic case. There are no special skills needed.
Q: Is it illegal to threaten to get someone fired for not doing their job correctly?
1 Answer
| Asked
in
Criminal Law, Employment Law and Real Estate Law
for
Florida
on
Answered on Oct 16, 2017
Answered on Oct 16, 2017
Jonathan A. Klurfeld's answer
Illegal/criminal? No. But your HOA can make your life hell for threatening their employee, so it's not in your best interest to getting help letting realtors in to threaten anyone. Further you have zero power to fire anyone that is hired by the HOA Board.
Illegal/criminal? No. But your HOA can make your life hell for threatening their employee, so it's not in your best interest to getting help letting realtors in to threaten anyone. Further you have zero power to fire anyone that is hired by the HOA Board.
Q: In TN can a lease purchase home, be lease purchased to someone else even if it is still under the original agreement.
Leonard Robert Grefseng's answer
If I understand your question, no, there can't be two contacts on the same property. If the owner has agreed to sell it to one person, then they can't promise to sell the same property to someone else as they would breach the contract they made with the first person. Contracts can be recorded like deeds can be recorded, and they can affect the 'priority" of the two contracts. You should consult an experienced real estate attorney very soon.
If I understand your question, no, there can't be two contacts on the same property. If the owner has agreed to sell it to one person, then they can't promise to sell the same property to someone else as they would breach the contract they made with the first person. Contracts can be recorded like deeds can be recorded, and they can affect the 'priority" of the two contracts. You should consult an experienced real estate attorney very soon.
Q: what can i do to make my ex wife sign a correct quit claim deed?
Richard Paul Zaretsky's answer
You can sue her on the contract you have with her (the divorce) as her providing you an effective deed is the same as not providing one at all.
There may be other ways to get her to sign, but none are binding and it would create a voluntary act, which she apparently is not interested in providing.
Without knowing more it no attorney can give you better guidance. Meet with a divorce or litigation attorney and he or she should be able to assist you on this matter.
You can sue her on the contract you have with her (the divorce) as her providing you an effective deed is the same as not providing one at all.
There may be other ways to get her to sign, but none are binding and it would create a voluntary act, which she apparently is not interested in providing.
Without knowing more it no attorney can give you better guidance. Meet with a divorce or litigation attorney and he or she should be able to assist you on this matter.
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