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Delaware Real Estate Law Questions & Answers

1 Answer | Asked in Contracts and Real Estate Law for Delaware on

Q: Is there any law in Delaware that states how long The LISTING Agent can HOLD an OFFER TO PURCHASE BEFORE PRESENTING?

I have made several offers to Purchase Real Estate and it seems these agents Hold onto these offers until something else comes in. I was under the impression that " TIME IS OF THE ESSENCE "

Bruce Alexander Minnick answered on Jul 8, 2019

It is impossible for anyone to find out if a Realtor is withholding offers, much less find out how long and the reason why. Think this all the way through: It could very well be that the seller has made it clear they will not accept any "low-ball" offers; and so the Realtor may be holding them--in... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Business Law for Delaware on

Q: What's the best state to open a stock/real estate holding company with a nonresident alien and a legal resident owner

Bruce Alexander Minnick answered on Jun 25, 2019

Before you start looking for types of "stock/real estate holding companies" you should call an Immigration lawyer and ask them if what you are trying to do is possible.

1 Answer | Asked in Contracts and Real Estate Law for Delaware on

Q: In Delaware, what are the costs of a buyer backing out of a purchase agreement for a home?

Vincent Gallo answered on Jul 21, 2018

The executed Contract should contain those answers.

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on

Q: If you were given lifetime right of occupancy in residential property & it is sold without your consent - any recourse?

State is Delaware. I was given lifetime right of occupancy via my grandmother's will. She left the house to her oldest son, my uncle, with the caveat that I had a lifetime right of occupancy. Now, I have discovered that the house has been sold. No one told me about this. Wondering if I have any... Read more »

Kenneth V Zichi answered on Jan 12, 2018

I am assuming your grandmother has passed, because up until that point SHE can change the will and do something different, sell her house or otherwise do what you mention here without any issue.

If she has passed, was the will properly probated and the property transferred to you and your...
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1 Answer | Asked in Real Estate Law for Delaware on

Q: My husband would like to have all of our joint properties put in solely my name. Can I prepare the deeds myself?

One property includes our residence. The other one is farmland he just inherited.

Vincent Gallo answered on Aug 30, 2017

Sure you can, if you know tomproperly prepare them.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Delaware on

Q: If the judge gave me 30 days to move and I can't what will happen

Ben F Meek III answered on Feb 20, 2017

If you've been served with a judgment to that effect (or were in present in court when the judge pronounced his judgment), you are subject to that order or judgment. If you fail to move out, the next step will be to serve you with a citation for contempt of court, which will order you to appear and... Read more »

2 Answers | Asked in Real Estate Law for Delaware on

Q: How long do you legally have to wait in Ohio to resell a home you purchased to flip?

Robert Jason De Groot answered on Nov 4, 2015

If you are in the business of buying homes and selling them, then you should be willing to have a full discussion with an attorney in Ohio about what you are asking. There should not be a time limit on this, in my opinion.

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1 Answer | Asked in Real Estate Law for Delaware on

Q: In-laws & our names are on land deed, but we own the house. What are other options if they won't sign off on the land?

We built a house on my in-laws land. All 4 of our names are on the land deed, but we own the house - their names aren't on it. If we want to sell and they won't sign off on the land, what are our options?

Charles Snyderman answered on Jul 2, 2014

We need to know if the house is a regular building or a manufactured home before was can answer this question.

1 Answer | Asked in Real Estate Law for Delaware on

Q: Buying house Had survey Prop line goes through driveway Neighbor owner will not allow easement Homes been there 100 yrs

The seller and I already agreed to price. There is no other place on this land for another driveway. Can a neighboring property owner not allow me access to this house? Property I am buying has had the use of this driveway as long as anyone in town (Bridgeville) has known. Neighboring house has... Read more »

Charles Snyderman answered on Jun 20, 2014

When you buy a house in Delaware, you are required to have an attorney. Your attorney will do a title search and obtain a survey. Your questions can best be answered after the title search and survey are completed. Your attorney will be able to answer your question at that time. Good luck.

1 Answer | Asked in Real Estate Law for Delaware on

Q: Can a HOA board go so far as to say children can not climb trees, ride bikes, or play in the neighborhood?

We have common property, basicly a huge grassy lot with a big boulder and a tree. For years the kids have been climbing on both but I received a phone call from the "board" telling me my children can't climb on the tree because its common property and if they got hurt they would be responsible...... Read more »

Charles Snyderman answered on Jan 10, 2013

You use the abbreviation HOA, but it sounds like you are dealing with a maintenance corporation rather than a homeowner's association. An attorney will have to review the deed restrictions for your community, but I can tell you that maintenance corporations carry liability insurance in case someone... Read more »

1 Answer | Asked in Real Estate Law for Delaware on

Q: I have purchased a house on 30 years mortgage. My accountant wants to become my trustee. what does it means?

Charles Snyderman answered on Jan 7, 2013

Based on the limited information you have given, it appears that your account is suggesting that you set up a trust and transfer ownership of the house to the trust, with the account serving as trustee. However, the best advice would be to ask the accountant for more information.

1 Answer | Asked in Real Estate Law for Delaware on

Q: Can a surviving spouse with a life estate encumber the property with a mortgage. Property is in Delaware

Charles Snyderman answered on Jan 5, 2013

When a surviving spouse has a life estate in a house, there are other heirs who own what's referred to as a remainder interest. This means that these heirs become the sole owners once the spouse with the life estate dies. For this reason, a bank or mortgage company will not allow a spouse with a... Read more »

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