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Real Estate Law Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: Can property management company be responsible for evictions with my llc being out of state?

My property would be held in an llc in the state its in and that llc held by another one in Wyoming.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

In Arizona your property manager can handle evictions of Arizona tenants. It is not required that the property owner be an Arizona resident.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How do I form a llc for out of state investing so I have inside and outside protection?

I live in Arizona and want to buy property in iowa. I need to know what type of llc's to set up in each state for asset protection.

Peter H. Westby
Peter H. Westby answered on Dec 23, 2021

I recommend that you speak with a real estate attorney in each state in which you plan to invest.

2 Answers | Asked in Real Estate Law and Civil Litigation for Florida on
Q: My brother bought from my co-owner his investment in the property, 30%. Now, in a partition lawsuit he's claiming 66%.

I offered my brother to pay off the loan to my ex-partner $74,000.00 for the part that he owned in the house (30%) so that one day he could receive the benefit of my investment of $ 150,000.00 in cash. My brother accepted the offer, a contract with a lifetime guarantee. At the closing of the... Read more »

Jane Kim
Jane Kim answered on Dec 23, 2021

Try these people- https://www.clsmf.org

I am not sure if they handle your type of issue, but this is a legal aid clinic and maybe they can refer you to someone.

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1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: In Arizona can a leasing office give more than one renewal offer raising price each time. I did accept first offer.

The owner changed management companies if that matters.

Peter H. Westby
Peter H. Westby answered on Dec 22, 2021

This can be done if handled properly by the landlord or his management company. Your documents should be reviewed by an attorney. They may consist of an offer that is binding upon your acceptance. Or they may contain language that provides the proposal is not binding upon the landlord until... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: What means do I have for removing someone from a property deed? I'm the only one on the mortgage. Not married.
Anthony M. Avery
Anthony M. Avery answered on Dec 22, 2021

You might offer them enough money to Deed their interest. If there is enough equity, you may have to hire an attorney to file an Action for a Sale for Partition.

1 Answer | Asked in Real Estate Law on
Q: How can I sell my house if the other owner doesn’t agree?

My husband and I bought a house with his brother. We want to sell the house, but his brother doesn't agree. He has a compulsive hoarding problem and his part of the housing is in extremely poor condition. He does not participate in any way in the maintenance of the property. How could we... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 21, 2021

You will probably have to hire an attorney to file an Action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Hello. I'm Scott . Would really appreciate your advice on rent to own homes.

Bought our first home . Paid down on it been paying notes for 5 years. Come home one day and a piece of the land has been sold

Anthony M. Avery
Anthony M. Avery answered on Dec 21, 2021

If you did not get a Deed to land, then you did not own it. Rent to Own is a Lease with Option to Purchase, which may never happen or have to be sued upon to enforce. You may have a Breach of Contract Action against the Seller, so contact a competent MS attorney. But the seller may evict you... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I sublet an apartment for 2 years and just found out it is illegal. They are giving me 2 days to vacate. What can I do?

I have been in thus apartment for over 2 years. Never knowing that the sublet was illegal. Today both the landlord and the property management company told me 8 have 2 days to get vacate the premises or legal action will be taken.

Morris Leo Greb
Morris Leo Greb answered on Dec 20, 2021

Remain where you are until you receive a Court oder or a Board of Health requirement to vacate. There is no self help in NJ. The Landlord must file an appropriate action after complying with statutory requirements.

1 Answer | Asked in Family Law and Real Estate Law on
Q: My father and And two uncles owned a house it was left to my brother only do I have right to this property

The house was owned by my Father and two uncles one uncle died My father died weeks later and my other uncle died a clouple months after the house was left to just My brother do I have any rights to this property

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

Did the Brother get a Deed or Will Devise? If not then he only has a 1/6 or 1/2 ownership with you, depending on Father/Uncles' Title. Hire a competent attorney to search the title and determine Heirship. A Partition Sale may be necessary.

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 on
Q: I own a property in NH that was left to me and my Brother. My Brother passed away I want to sell it

How can I do this?

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

You might own the fee or you may only own one/half with the Brother's Heirs. Hire a competent NH attorney to search the Title, determine Heirship if needed, and sell it. Depending on the Title it may be yours to sell, or with all owners' permission. Or it may require an action for a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is there a certificate of shareholders for real estate? My parents purchased land where my husband and I own 50% but the

Land is solely in my parents name. Is there a document or certificate that we can do to show proof we own 50%?

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

Land is transferred by Deed, Inheritance, Will Devise, Court Decree or Adverse Possession. It appears you may not own anything, but you need a title search to be sure.

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... Read more »

Aimee Hess
Aimee Hess answered on Dec 18, 2021

Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral... Read more »

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a transfer of a mortgage free deed contain stipulations to the grantee?

Our mom passed a year ago and had no creditors to pay. Her home is paid off and we (6 children) are deciding to quit claim deed the house over to only one of her children. Is there a type of deed that will guarantee that the property can be reclaimed by the remaining 5 if the 1 grantee defaults in... Read more »

Matthew Williams
Matthew Williams answered on Dec 18, 2021

You all need to sit down with a lawyer. If you quit claim you are giving up all rights and responsibilities. You won’t be able to restrict anything.

1 Answer | Asked in Civil Litigation, Real Estate Law and Probate for Ohio on
Q: Dear Sir, I wish to buy my partner shares.

Dear Sir, I wish to buy my partner shares. he passed long years ago, the shares are still in this name, what is the easier solution to buy those shares from his grandchildren’s.

Matthew Williams
Matthew Williams answered on Dec 18, 2021

If they own them. The first thing to do is sit down with a lawyer and figure out who owns the shares based on your partnership agreement and his will and/or the probate of the estate.

1 Answer | Asked in Real Estate Law for Puerto Rico on
Q: Father selling property to son in Puerto Rico

My father is from PR and bought land for $36k. I have two sisters but he has decided to sell the land to me for $20k. Will this be a legal transaction as I know PR has some different laws when it comes to family and property rights

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Dec 18, 2021

Unless an economically valid reason is declared in the sales deed, the sales transaction will probably be seen by the Puerto Rico Public Registry as a simulated donation, given that your father is selling you the property below value. The transaction may be rejected by the Public Registry for... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Are there any qualifying reasons a buyer can back out of an accepted real estate offer without negative consequences?

My daughter, her husband and their three children live in Nevada, and they made an offer on a home In Missouri. The seller accepted the offer and escrow is scheduled to close in mid-January. They got hit with huge medical bill for their son, and they no longer have the down payment. They advised... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 18, 2021

The buyers should have a Missouri attorney review the contract right away. There may be unexpired contingencies that would provide a proper basis to terminate the contract. For example, financing and inspection contingencies.

If the buyers breach the contract the sellers can sued for...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If 2 people are on a deed to property and one can not be located how do you go about selling the property

We have nailed letters to last known address with no response. What can be done? Please help

Anthony M. Avery
Anthony M. Avery answered on Dec 17, 2021

There are various ways. The most straight forward is a Partition Action, for which you need to hire a competent attorney. But first you need an attorney to perform a title search and then look for the other owner or his possible heirs. Publication Notice and a Guardian Ad Litem might apply... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Does the Seller’s attorney preparing the deed for sale of condo in Fort Lauderdale needs the buyers attorney approval?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 17, 2021

If the buyer's attorney doesn't approve the deed, chances are the sale will not close.

1 Answer | Asked in Real Estate Law for Washington on
Q: What happens in WA state when an unfiled summons, declaration and complaint are served without the attachments?
Justin Mishkin
Justin Mishkin answered on Dec 17, 2021

In Washington State, the initial served pleadings generally are not required to be filed or to include attachments. You should consult with an attorney if you have been served as there are important deadlines you should be aware of in order to prevent a default.

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