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Real Estate Law Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Colorado on
Q: Are you able to request invoices/receipts from your landlord to recalculate the itemized list of deductions from deposit

We got a reconciliation with amounts withheld much higher than expected, and the numbers are all even and round. We do not feel like this is the actual amount paid for any damages that he claims are beyond “normal wear and tear”

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

There are very strict requirements around security deposits. I encourage you to reach out to an attorney. If a security deposit is wrongfully withheld if may subject the landlord to treble damages plus attorney fees and cost. Like I said, it does not hurt to talk to an attorney.

Please be...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can I sue a seller for nondisclosure for failing to disclose roof damage on the sellers property disclosure?

After closing on the condo the HOA levied a special assessment for $6,000 for roof repairs. The seller provided HOA meeting minutes that mentioned the hail damage but said it would be repaired by the end of the month prior to closing. The seller did not disclose anything relating to roof damage... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

It could be an issue if the buyer knew about the damage, knew it would not be repaired prior to closing, and failed to disclose it.

You will most likely need an attorney to determine if this qualifies as a breach of contract.

Please be aware that any answer is based on all the...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: My mother and father bought this property 19 years ago and I have occupied since day 1 my father passed Can I be evicte

Or are there rights protecting me

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 12, 2022

If you have stayed on the property as a guest, it is considered a license. A license can be revoked meaning that you can be evicted. Due to the duration of time, you may even be a tenant. But a tenant without a written lease that is provided with a notice to quit may also be evicted. I would... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: I have a real estate lawyer doing my purchase and sales agreement why would he give it to the buyer's first??

The house that I am saying is a affordable unit through housing authority that I have owned for over 20 years there is a deed Rider that I do not understand but I thought I would get to see the purchase and sales first

Lillian J. LaRosa
Lillian J. LaRosa
answered on Oct 12, 2022

You should talk to your lawyer about your questions and find out from them why you did not see the P & S before the purchaser and if you are not comfortable with your counsel you should seek other counsel ASAP as in the real estate sphere "time is of the essence".

1 Answer | Asked in Contracts, Real Estate Law and Tax Law for Texas on
Q: Why does our prenup not supersede this law? Will my spouse signing this impact them fiscally?

Signed prenump, no community property exists and yet my spouse is being asked to sign off on title of home that belongs solely to me. Title company lawyer is citing this law: Sec. 5.001

Sale, Conveyance, or Encumbrance of Homestead

John Michael Frick
John Michael Frick
answered on Oct 12, 2022

A prenuptial agreement can waive a spouse’s homestead rights in property. There are, however, very specific requirements.

Just because you agreed that the homestead property is your separate property standing alone does not waive your spouse’s homestead rights in such property....
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1 Answer | Asked in Contracts, Tax Law, Business Law and Real Estate Law for Idaho on
Q: How do I get copies of my HOA’s accounting records in Idaho if I suspect wrongdoing or incorrect bookkeeping?

I believe they are not assessing dues properly, misappropriating funds, in breach of contract for performance, and paying a bookkeeper that is incompetent inflated and unreported compensation.

Kevin M Rogers
Kevin M Rogers
answered on Oct 11, 2022

I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Do I still need to pay NYS + NYC transfer taxes on the sale of a home in the amount of $10 between family members?
Michael David Siegel
Michael David Siegel
answered on Oct 11, 2022

There is no tax. There is a fee, and the proper ACRIS forms need to be filed with the deed. It is simple, but cannot be wrong. I charge $800, including the $177 recording fee.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: My parents live in a mobile park owned by the local airport. The FAA is making them do away with the mobile park and

Residents will be displaced. Do they have an obligation to pay residents to relocate?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 11, 2022

If they own the mobile home but lease the land they are eligible for relocation assistance through the Florida Mobile Home Relocation Trust Corporation. It is administered by the Dept. of Business and Regulation (DBPR). They can contact DBPR at (850) 488-1122) for information.

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1 Answer | Asked in Real Estate Law for New York on
Q: My deed states that my brother has a 1% interest in my house, and my wife + I have 99%, after we bought him out. Why?

In 2002, my brother and I bought a house. A few years later, after getting married, my wife and I wanted to buy him out, take his name off the deed, and add her name to the deed. Through a lawyer, we filed (what I believed to be) the appropriate paperwork, but I am now realizing that he is still... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 11, 2022

Is your brother cooperative or not? Generally, quitclaim deeds should be avoided, but re-doing the deed is the best option, just with a better form. You need your brother to sign.

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: How do I obtain exemplified copies of documents from Puerto Rico?

I am trying to secure title insurance on a Florida parcel of land I purchased in 2008 from the heirs of a deceased resident of Puerto Rico. He deceased in 2000. I have the declaration of heirs and each of the heirs signed my deed. The title insurance company is requesting either a Florida mini... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Oct 11, 2022

The certificates you require are not provided by the court. They're provided by different government agencies in Puerto Rico, as described below. The cancellation of stamps & tariffs on the certificates designate them as originals, and are, thus, not notarized (sworn).

Vital...
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1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Can a mobile home owner offer sheds to buyers, but not renters? If I want one, I have to pay for the concrete and shed.

The park is paying to put in concrete and sheds for people buying their home, with a small fee added to their lot rent. But if I, a renter, want a shed, I have to pay for the concrete, and the shed. And the shed has to be approved by them. This just seems backwards to me. As I would have to pay for... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 10, 2022

The park can do what it wants with ITS land. And if that means something you don't understand that is still OK.

I can see how the park might think "someone renting is likely to skip out in the middle and leave us a mess to clean up, but a purchaser is in it for the long run so...
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1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: In Florida St. 720.3086 Financial Report - it states the report may be posted. Is it legal to limit the time frame?

If the developer chooses not to mail the report, and not to publish it in a publication regularly distributed within the subdivision, can they "limit" the amount of time the report is "posted"? I requested a copy of last years report, but was told that was not possible because... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 10, 2022

The statute doesn't provide a time period it has to be posted and only provides it has to be posted within 60 days of the end of the fiscal year. Don't confuse this with Section 720.303(7), which requires a HOA to either mail you a copy or send you a notice it is available upon request.... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Myself & ex-wife are listed on the deed, she lives in the house with her current husband. How do i get her to buy me out
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

Hire a competent SC attorney to file an action for a Sale For Partition.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Can I sue my title company for failing to disclose litigation about my home being built on my neighbors land?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

You need a competent GA attorney today. Title co will claim it does not represent you, so very weak causes of actions apply. Seller may be liable on covenants of title, but maybe not. Also someone should have looked at survey, and you do have some responsibility. You have bought a lawsuit.

1 Answer | Asked in Real Estate Law for Kentucky on
Q: In Kentucky, I purchased 85 acres in February of 2022.

I purchased 85 acres in February of 2022. I did not have it surveyed. My 73yo neighbor (in declining health) has lived on his property for over 40 years. He tells me he has no idea where our property line is located. But if you were to look at the map of the real estate listing, and you were to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

You and your predecessors in title have probably already acquiesced to the boundary. Survey at least the boundary line and get a KY lawyer to draft/execute a boundary line agreement to be recorded. You might go after your buyer on a warranty deed, but it would be expensive and doubtful. Tax... Read more »

1 Answer | Asked in Probate and Real Estate Law for Alabama on
Q: How long, typically, after closing on the sale of real estate in probate does it take before the beneficiary gets paid?

We closed on the sale 2 mos ago and I haven't heard from my attorney at all. Is this normal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

No.... Go see the attorney in person. But first determine if he represented you in the first place. If not, you may have a problem with the buyer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm living in a house that was recently sold and I'm wondering what my rights are

My parents sold the house and now there are new owners and I don't know when I have to be out and don't know any rights I have

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2022

If you had a written lease with your parents, the new owner must honor that. If there was no lease, then you are a month to month tenant, and the new owner can offer you a new lease, or terminate your occupancy by giving you 30 days' written notice.

1 Answer | Asked in Real Estate Law for New York on
Q: My father passed away March and he didn't have a will but he owned property

I have the original paperwork for the purchase of the property

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 9, 2022

If your father had other assets, you will need to file for an Administration in Surrogate's Court. However, if the property is the only asset, title to the property vests in the heirs by operation of law. Your interst in the property is determined based upon the other surviving relatives of... Read more »

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