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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: What is our liability when buyer wants repair money after closing on house sold "as is"

House sold "as is" with clause initialed by buyer and sellers. Disclosure of basement leaks/repairs made on standard real estate form for sellers. Now, there is a new leak. Buyer wants more money. Says neighbor told her leaks were common occurrence which isn't correct.

Seth Meyerson
Seth Meyerson answered on Oct 16, 2020

Probably not liable for new leaks. Talk with a Georgia attorney about the particulars.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Georgia on
Q: Do tenants have a legal right to receive a receipt for paid rent in Georgia? Because I'm having issues with management
Seth Meyerson
Seth Meyerson answered on Oct 15, 2020

As long as you do not pay with cash you should have a record of your payment.

1 Answer | Asked in Real Estate Law for Georgia on
Q: When there is no HOA, & the development company ceased to exist in 2015, how binding is a 2007 20-year covenant now?

I co-own, along with my wife and son, a 1.8 ac lot in Dawson County, Lot 1 of 6 lots that originally comprised 12.2 ac, subdivided by a development company that was subsequently dissolved in 2015. We purchased the lot in April 2020, with the intention that my son would locate his residence there.... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 10, 2020

The question is, who might sue you for breaching your covenant? The other owners are the ones who might be damaged by your departure from the covenant.

Other owners, have they abided by the rules so far?

1 Answer | Asked in Real Estate Law for Georgia on
Q: Q: How can I have the ZIP code on my mortgage documents changed? What should I expect?

Live in Atlanta, Fulton County, 30324. Have a condo for 15 years, 15 left to go. The servicer on my mortgage has just changed and I've discovered that the ZIP code on my mortgage documents is wrong - it's listed as 30304 when it should be 30324. What should I do to have it corrected and... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 8, 2020

Unless there is an actual problem, I recommend that you do nothing. There are multiple ways to corroborate the documents to your property. For example property description, the rest of the address, your name, the seller's name, previous documents in the clerk's file with the correct zip code.

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Securities Law for Georgia on
Q: We purchased our house in 2008, only to find there's a breech of contract—title NOT free of encumbrances.

We discovered in 2016 our house was foreclosed back in 2011 by the bank that issued our builder's loan. This has robbed us access to our equity and the consideration upon signing the contract to begin with. We are still living in the house. Is the contract void? What are our rights?

Seth Meyerson
Seth Meyerson answered on Oct 8, 2020

I think we talked about this one at some length.

1. Figure out what a third-party bank thinks is wrong with your title, if anything. -- Title insurance issue.

2. What were the terms of the modification that you signed? Were there misrepresentations made to you to induce your...
Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: My sister is the executor on.my dads will her me and other sis are beneficiaries on his estate! Well the lawyer that my

Dad has said hes going charge estate everytime we ask a ??? Can he do that and i have my own attorney

Anthony M. Avery
Anthony M. Avery answered on Oct 5, 2020

Yes as both the Executor and her her attorney are probably entitled to administrative and fiduciary fees. You might object when the Court is moved to order payment of professional fees. Talk to your own lawyer about the Estate.

1 Answer | Asked in Real Estate Law for Georgia on
Q: We recently closed on a house and my tax preparer brought it to my attention that we paid commission to both agents

We paid each agent separately, each getting 3% individually. Is this customary?

Seth Meyerson
Seth Meyerson answered on Oct 1, 2020

This is not a legal question. However, 6% is the standard real estate commission. Often this can be negotiated down.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Do an heir's interests in a will passes to their offsprings if heir dies intestate and dies after the deceased?

My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.

This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 25, 2020

I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: dad buys three acres 50 years ago land was not to be sold ;what can be done' in my name now,.
Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

Hire a competent attorney to search the title. You have not given the exact estate created, but all conditions, reverters, etc. cannot violate the Rule Against Perpetuities. You may have to file a Quiet Title/Declaratory Judgment action to clear the title for sale.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Probating a Will for ownership of properties in multiple counties, what happens if it isn't done in one county?

A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 29, 2020

You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Georgia on
Q: I'm the executor of my uncle's will in Louisiana and when he did his will, it indicated, so I thought that anything not

mentioned in the will would be handled legally by me. He lost 2 of his tax records in a flood and died before I realized that those properties weren't included on the will. Now my attorney is telling me I have to contact his siblings and their children inorder to GIFT the properties to whom... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Aug 26, 2020

It sounds as though you are working with an attorney. That person has all the details of your case, so it would probably be a good idea to take the person’s advice. If you don’t feel that you are getting good guidance with that attorney then you may want to see about working with a new one.... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a power-of-attorney amend the property deed to have the property in his name only?

A family member has the power-of-attorney of his mother. She has significant dementia that is progressing.

They have a property in both of their names as co-owners. His concern is that he will lose his property should she be permanently placed in a nursing home, i.e., for reimbursement... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 26, 2020

The attorney-in-fact is a fiduciary for his principal. Anything he does must be for the benefit of her. Conveying the property to himself is presumptively fraudulent. Family Members may wish to put her into a Conservatorship, or get a competent attorney to do some Estate Planning now by Deed.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Is it possible to do an adverse take over on a property that my mother has paid taxes on for years.

^ kids are still a living but no one agrees to probate a will so she has been living there and paying taxes and taking care of the place since her mother died. She has always lived at the property and took care of her mother since the 70's

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

Not sure of your question. Wills mean nothing unless Probated. It is impossible for one tenant in common to adversely possess against the other tenants in common. But paying taxes exclusively gives her a right to reimbursement. You may wish to file a Partition Action.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: Can you sell your home if a roommate has a tpo against you and you own the home out right?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 17, 2020

Yes, you can sell your property at any time. It is important that you do not violate the TPO.

We wish you well.

-The Upshaw Law Firm, LLC. 770-240-0922.

WE ARE HERE TO SERVE!

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1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: Step mother won't leave property stepson owns. She has been served eviction notice. case cont'd

State of ga. Landlord not notified until day of court Dispute over quit claim deed h

recorded in clerk records back in Feb 2020. Dad died may 2020. sueing estate of dad she's temp admin of for reversal of quit claim deed suit came after evict notice.can she adverse possess? How can she be removed.

Homer P Jordan IV
Homer P Jordan IV answered on Aug 13, 2020

There is a hold on evictions in the state at this time due to the pandemic. It was recently extended once again. You may want to read about here: https://www.fox5atlanta.com/news/georgia-issues-3rd-covid-19-related-evictions-hold

-Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Real Estate Law for Georgia on
Q: Rights to property?

I was buying a mobile home and land from a private owner. I filed chapter 13 bankruptcy but I relinquished the home and land To the owner. This was in 2014. The land and home are both still in my name. Do I have any rights to this property?

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2020

What do you mean by "relinquished the home and land to the owner"? Did you convey by deed or allow a foreclosure to occur? The Trustee may or may not have abandoned the property in the 13, which needs to be checked. You will have to determine what happened in the BR, especially if... Read more »

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Georgia on
Q: I paid a pet deposit for my dog and in one area of the lease it states no indoor pets but then another part of the

Lease states you’re responsible for any damage they do and specifically list blinds(indoor item). My landlord will not allow my dog inside and forces me to keep her out side in extreme heat and she can only be inside if it’s below freezing. Is there not a law against leaving dogs outside when... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 19, 2020

Generally, no, most states don’t have laws about keeping dogs inside Unless the temperatures are extreme because dogs are property in most states. And because you signed a lease, you’re kind of stuck with the terms. Can you give your dog to a friend or family member during the day so he/she can... Read more »

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: In Georgia. Can my mothers home who died intestate have her house sold without going through probate?

Only name on deed of trust is hers. No husband, just three heirs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 13, 2020

You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Single Aunt died, no will, no children. Her estate is 1 house valued at less than $40k. 12 nieces and nephews.

How do those not interested in the house relinquish their interest and avoid the probate process? Property is in Missouri

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

Hire a competent Missouri attorney to: search the Title; determine Heirship; prepare and record an Affidavit of Heirship; and then draft a Quit Claim Deed for most of the Heirs to convey their interests over to whatever Heirs want the property. The Affidavit should be one of your... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Georgia on
Q: How do I find the name of my landlord in my state to file in small claims court? They are registered as a "foreign LLC."

I checked the Georgia Corporations division for the name on my lease "Holcomb Bridge GA Partners, LLC"

https://ecorp.sos.ga.gov/BusinessSearch/BusinessInformation?businessId=2073864&businessType=Foreign%20Limited%20Liability%20Company&fromSearch=True

The parent... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

You file against the legal corporate name, listing their principal office address. You serve it through the Registered Agent. But keep in mind that when you sue, the Defendant will probably evict you. And hopefully you have some idea of where to execute a prospective Judgment.

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