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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Is it illegal to serve process on a 15 year old?
Cory D. Raines
Cory D. Raines answered on Jan 23, 2022

Although it is not a crime to serve process on a minor, doing so likely goes against the procedures outlined in the Georgia's Civil Practice Act. Depending on the set of circumstances involved in the case will determine what procedure needs to be followed. If the lawsuit is against a minor,... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have 3 sisters if my mother passes her house was left to the 3 of us but my one sister signed her half over to me.

Does this mean that I have more say over what we do with the house then my other sister

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2022

No you are still a Tenant In Common with the other owners.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: I hired a management company but fired them. I sold the house shortly there after. Now they want 3% commission

they did not market the house nor did they locate the tenant. I did not sell the house to the tenant or anyone related to the tenant but to an investment company. Are they entitled to this commission payment? Area of question is Atlanta GA

Glenn M. Lyon
Glenn M. Lyon answered on Jan 18, 2022

It depends on the terms of the agreement with the management company. Sometimes the agreement will state that they still earn a commission if the house sells within a certain time even if the agreement has been terminated. Have an attorney review the terms and advise of your options.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Our HOA wants to vote assuring no property can be used as a long term rental. Do we have to legally amend the covenants?

There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 12, 2022

Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer... Read more »

2 Answers | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: What can I do to make my sisters pay me my portion of our deceased fathers home ?

my father committed suicide and my two sisters and myself are all three equally inherited the house and are on the deed but my sister refuses to give my third one of the property and she was renting it out but now she has moved into herself full time ... and at first just blowed me off and now... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

You will probably have to hire a competent GA attorney to file an action for a Sale For Partition.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Do subdivision covenants and restrictions expire in a county with no zoning laws.

We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If there are two owners on a mobile home in SC, do both owners have to transfer title through the DMV to a new owner?

My dad and his wife owned a mobile home on 2 acres of land. My dad passed in 2014. The mobile home only was transferred to the wife’s daughter in 2015. My dads estate was filed with probate and only included the land. But the mobile home is still sitting on the land with the wife’s daughter... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

You are asking a question which can only be answered by reading through the laws of SOUTH CAROLINA. For South Carolina help you should post your question to the SC attorneys.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Someone has fenced of an entrance to my property and made it part of theirs. Can I legally force him to unblock it?

Someone built a house on a property adjacent to mine and fenced off a portion that would have been access to my home.

Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2021

Hire an attorney immediately. Acquiescence and Adverse Possession are very real. You will probably need a survey, a very well written demand letter from your attorney, and possibly have to prosecute an expensive, difficult Quiet Title or similar Action.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I go to the Courthouse to find a person that owes me money

I need to see if this person can be located

Michael D. Birchmore
Michael D. Birchmore answered on Dec 16, 2021

Perhaps. You could check the land deed records and the tax assessor's office and possibly other places at your courthouse. However, you should note that as a general rule, the courthouse is not where one would go to find a person. Note, too, that a courthouse is only going to have the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I back out of a partnership real estate deal where the partners don't own title to the house

I want to back of this deal now and give them their money back. Purchased a house to flip in my name, worked on the deal 1 year 1/2. 2 friends wanted to flip too. I told them I had a house I had been working for for 1 1/2. The 1 friend put in $16,000 to buy the house and quiet the title. The... Read more »

Glenn M. Lyon
Glenn M. Lyon answered on Dec 16, 2021

With a few exceptions that likely don't apply here, oral agreements are enforceable as long as you can adequately prove the elements of the contract. As such, just based on the fact that the agreement was not written would not give you the right to void the agreement. Otherwise, your rights... Read more »

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1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Georgia on
Q: i have a confusing question

okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hi my rent is past due this month and I received notice to vacate.
Michael D. Birchmore
Michael D. Birchmore answered on Nov 17, 2021

Not sure what your question is. The general response would be that you must pay to stay or vacate.

1 Answer | Asked in Real Estate Law for Georgia on
Q: The person that gave me a property is now dead,they didn’t take their name off as lean holder! Need name remove!!
Michael D. Birchmore
Michael D. Birchmore answered on Nov 17, 2021

YOU WILL NEED TO MEET WITH A REAL ESTATE ATTORNEY IN YOUR AREA TO DISCUSS THIS. DEPENDING ON THE CIRCUMSTANCES, THERE MAY A QUICKER WAY TO DO THIS OR NOT. IF NOT, YOU WILL NEED TO FILE A QUIET TITLE ACTION (BILL QUIA TIMET - IF YOU WANT TO LOOK IT UP). YOU WILL NOT BE ABLE TO COMPLETE THIS BY... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: two people are on house deed (mom and step dad ) but both are dead who gets house
Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

Hire a GA attorney to conduct a title search. Either one of the owners' Heirs are the owner or each Decedents' Heirs spilt one-half Undivided Interests as Tenants In Common. You have not stated the facts or the Estate granted.

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue the home seller of a home I purchased if they lied about having a permit on the disclosure agreement?

I purchased a home with a renovated kitchen that was not done correctly. The kitchen island is too big (about 2-3 times larger than a normal one) and it's causing the kitchen floor to sag and dip. There was no permit on file when I checked recently. However, the disclosure agreement the seller... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Oct 27, 2021

On any given day, any person can sue another person for any reason. That said, it says nothing about being successful in the lawsuit. You should meet with an attorney who can review your documents and ask additional questions. Only after that can you expect a viable response.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: In the state of Georgia what power does the county have if your land does not perk?

We had to stop our neighbor from digging a trench to drain the sewage from their home into our intermittent creek. Our question is, what can the county do about a situation such as this one? Can they condemn the home if the owner refuses to find a way to control the sewage coming from his home.

Michael D. Birchmore
Michael D. Birchmore answered on Oct 27, 2021

Your time might be better spent by contacting the Georgia Department of Natural Resources to report this matter; the Environmental Protection Division (EPD) in particular. It is usually taken as a serious matter.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: In state of georgia, is landlord required to give notice when lease is nearing expiration?
Glenn M. Lyon
Glenn M. Lyon answered on Oct 14, 2021

Not unless the lease requires it.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: All the deacons who signed the deed to the Church that I attend has passed away. Can we add other members to the deed?

I am the clerk of Zion Hill Baptist Church, located in Georgia. Back in February 2021, the pastor, who lives in Alabama, called the Superior Court clerk's office, in Ga., and asked that a copy of the deed be mailed to him in Alabama. There are only (2) living deacons left in our church, but... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

A Church Deacon is not an entity that can own real property. Trustees of the Church usually own it. Even if the present Deed uses that term for the grantees, it is incorrect.

The Church's Deacons can also be Trustees with legal ownership but for the equitable benefit of the Church...
Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Verbal agreements and real estate. Was buying a house from my family. Was already in the process for the loan

Two weeks after applying for the loan and they got a better offer and now kicking us out

Michael D. Birchmore
Michael D. Birchmore answered on Oct 13, 2021

Contracts for the sale of land MUST be in writing before they are enforceable. (Research Statute of Frauds). This is just one of the reasons they might be allowed to do what they do and/or have done.

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