Indiana Real Estate Law Questions & Answers

Q: I'm buying a house on contract should the seller have told me there was a suicide in it

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 24, 2016

First question: Does that make a difference to you?
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Q: For personal reasons, I need to give my house to a family friend. What is needed in Bloomington, IN?

1 Answer | Asked in Real Estate Law and Tax Law for Indiana on
Answered on Sep 19, 2016

What do you mean by "give" your house? If you have title in real property, you can execute a Warranty Deed in favor of another person. There will be title and recording expenses, and taxes will be pro-rated to date of closing.
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Q: I owe(d) a deposit+prorated back rent and the property managers told me to move out if I wasn't going to have the money.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Indiana on
Answered on Sep 13, 2016

This sounds like a small claims matter. If your landlord has filed suit, you need to appear in court, with or without an attorney, to dispute these claims. Be sure to take all documents you have to support your position.
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Q: Is it legal for a court to hold a hearing without me present or notified and have me removed from a residence

1 Answer | Asked in Family Law, Constitutional Law, Probate and Real Estate Law for Indiana on
Answered on Sep 11, 2016

You may have been deprived of procedural due process. Contact an attorney near you about filing a small claims action for your losses.
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Q: My neighbor is harassing me and I don't know what my options are. Can you help me?

1 Answer | Asked in Criminal Law, Landlord - Tenant, Personal Injury and Real Estate Law for Indiana on
Answered on Sep 11, 2016

Your neighbor is trespassing and also intimidating you. Call the police, file a report, and consider getting a protective order.
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Q: My neighbor has put surveillance cameras on top of his privacy fence and they are pointed at my house and property.

1 Answer | Asked in Criminal Law and Real Estate Law for Indiana on
Answered on Sep 11, 2016

He has no right to spy on you. Contact a lawyer to send him a ceast and desist letter.
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Q: Landlord illegally threw out my father's personal effects (photos and ID) days before he pass ed away. What can be done?

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Indiana on
Answered on Jun 29, 2016

Talk to a member of the State of Washington Trial Lawyers Association.
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Q: Can my siblings and I, as co-trustees, sell our parents' home by land contract to one of the grandchildren?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Nov 1, 2015

Don't you realize that an attorney has to read the trust in order to be able to answer your question? If you want actual legal advice about a document, the trust, the attorney must be able to read the document. You might choose to take the document to the attorney who drafted the trust, or you might choose any attorney who does trusts. The only answer we can give is that it depends upon the terms in the trust.
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Q: I have 4 lots I want to sell In Indianapolis. I have a buyer, but he wants to know the title deeds are free of liens.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 31, 2015

You get title insurance, a search for liens needs to be done in order for you to give a warranty deed upon the sale. This is standard stuff.
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Q: When buying a home and placing in trust at closing, do you list the Warranty Deed as trust property?

2 Answers | Asked in Real Estate Law for Indiana on
Answered on Oct 14, 2015

What are you asking? List the warranty deed? What does that mean? You probably need to list the legal description from the warranty deed as the property the description of the asset, along with the address.
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Q: If I sold My mobile home for cash can the buyers get me to give back the money and cancel the deal?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 12, 2015

That sounds like a unilateral thing to me. Go speak with a local attorney about this.
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Q: Can my neighbor paint my fence on his side

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Sep 23, 2015

A fence separating adjoining properties can be on either side of the property line, or exactly along the line. Assuming his side of the fence is on your property, probably not. But what do you care; you don't have to look at it?

Q: when buying a house for cash what fees are there

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Oct 17, 2014

Even when my clients are buying a house for cash, I advise them to use a closing or settlement agent to handle the closing to make sure everything is done correctly, and I also advise them to obtain an owner's title insurance policy, which will likely require a survey to be performed. The usual practice is to have the title company serve as the closing or settlement agent, in addition to obtaining the title policy from an underwriter, and they will likely prepare the deed, sales disclosure...

Q: My husband, my brother, and I are living in my moms house but she passed away.

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Aug 7, 2014

I am not an Indiana attorney, but I am not aware of any state that requires you to change the Deed. One question, however, is how did you acquire title. Was there a Will?

Q: Can I do anything about a buyer who doesn't disclose financial information?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jul 19, 2014

If I understand correctly, you are a bit suspicious that the buyer may not have disclosed all of her financial information in applying for a loan precisly so she would not qualify and therefore could get out of the purchase agreement. A couple of thoughts....

Most purchase agreements that are contingent on the buyer obtaining financing require the buyer to apply for financing within a certain period of time and to make a diligent effort to obtain financing. If she withheld information...

Q: I signed a contract as the seller in Indiana. I now do not want to sell. What do I do?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jul 8, 2014

This answer may be a bit late but. . . . based only on the facts you've given, and assuming the contract is valid and created a binding obligation for you to sell, it seems you have to possibilities: (1) Go through with the sale. (2) Try to negotiate a resolution with the buyer which will likely require that you pay the buyer some money. In most cases, a court will not order a party to actually peform the contract but, instead, will order the breaching party to pay damages. Contracts for the...

Q: i lease a home and am trying to buy a home can i get out of my lease

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Jun 13, 2014

You can always get out of your lease. The question is: what will it cost you? There is no way to tell without reading the lease.

Q: Can a mortgage provider prevent someone from selling their house on contract?

1 Answer | Asked in Real Estate Law for Indiana on
Answered on May 30, 2014

Google the name of your town followed by real estate lawyer.

Q: Can emails stating there is an agreement override the fact that you can't have a verbal agreement to buy a house?

2 Answers | Asked in Real Estate Law for Indiana on
Answered on May 15, 2014

An email exchange can form the basis for a valid, enforceable contract. The question is whether the emails contain enough documentation of the essential terms that must be agreed on.

Q: My mom and i own 32 acres can she let anyone move on it without my permission

1 Answer | Asked in Real Estate Law for Indiana on
Answered on Apr 18, 2014

Yes. If land is owned jointly by two people (whether it's as joint tenants or tenants in common), each owner has the right to full use of the land. However, if the property is leased, each owner should get half the rent, regardless of which owner made the lease. And if there is a disagreement between the two owners, either of them can go to court to have the property "partitoned" or divided in two, with each owner getting half.

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