Noisy Condominium Neighbors Cause Problems
Noisy neighbors are causing problems for a condominium reader. Suing neighbors is one way to deal with a noisy neighbor but you may be able to come to an agreement with the condo association board for noise regulations.
Easement May Allow Access To Septic Field
A homeowner has lived in a house for 12 years, only to discover that her septic lines run into her neighbor's property. This home owner probably has no recourse against the people she bought the home from, because the statue of limitations has probably run out. But the homeowner should talk to a…
Suing Home Seller 4 Years After Purchase
A homeowner bought a home that has a serious mold problem. He is wondering if he can sue the seller even though he purchased the home four years ago. He has to prove that the sellers knew, or should have known about this problem. That's the standard for most seller disclosure laws around the…
New Home Development Not What Was Promised
A homeowner, and many of his neighbors, feel the developer delivered a vastly different neighborhood than what was promised. Some states require developers to disclose their development plans in advance of having a buyer sign a contract for the purchase of a home. Some states also have consumer…
Create LLC For Rental Property
When you buy rental or investment property you want to protect yourself from lawsuits. If you set up a limited liability corporation (LLC) for each of your properties will that protect your assets from lawsuits? Not necessarily. Learn how a lawyer might still be able to successfully sue you as a…
Real Estate Lawsuit Concerns New Construction
What happens if your new home gets built on the wrong lot? You may be involved in a lawsuit with the builder, mortgage lender, title company and real estate agent. To sort out who's responsible for what and to ensure that you get clear title to your new home, make sure to hire a good real estate…
How To File Complaint Against Real Estate Agent
A buyer is out a large sum of money due to fraud committed by a real estate agent. A complaint can be filed against the agent, but an attorney should really be used to go after this agent. It's though to know how to proceed against the agent without the help of a competent litigator.
Protect Your Real Estate Investment From Adverse Possession
What should you do when a neighbor encroaches on your land, especially if it is an investment property? Learn from a trial lawyer what he advises for cases of adverse possession. Understanding how to handle adverse possession will help you protect your real estate investment.
A reader owns and rents out a townhouse in Virginia. The board has proposed to completely disallow rentals, therefore disrupting her retirement income. Sam and Ilyce suggest looking for other successful litigation regarding changes in home assoication by-laws in Virginia.
Real Estate Advice For Changing Title After Making Mortgage Payments
Buying real estate with family can be tricky. What can you do if you've made all the mortgage payments but you share the title with a family member? In trying to get a family member to change his mind about co-owning a home, it helps to view the situation from the other person's point of view. If…
Increased Price In Newly Constructed Home
What happens when a newly built home costs more than originally agreed upon in a contract? Often, new construction homes are upgraded as they are built and these costs end up in the final price. Having a clear building contract can avoid such problems after the home is built.
A home seller had a sale fall through and weren't told until after the closing date, resulting in many problems. If the buyer didn't notify the seller under the terms of the contract, the buyer may be in default under the contract. The contract may allow the seller to sue for damages caused by the…
Dealing With Bad Homebuyer Behavior
Five years after the "as is" sale of her home, a seller is being asked by the buyer to pay for a new septic system. This bad buyer may sue the seller, but the suit won't likely win in court. In many states, the statute of limitations would have already expired and the buyer could not sue the seller…
If a house is owned by an LLC (limited liability company), the owner is that company. In owning a house, an LLC would be no different than a corporation owning the home. Just like a person, an LLC or a corporation can hold title to a house and other sorts of real estate.
Title Insurance Company Can Discover Deed Problems
Is a general or special warranty deed better for selling property? When selling a residential property, the type of warranty deed you use, or title, isn't so important. A special warranty deed is usually used for commercial real estate sales. During the home sale process, a title company will run a…
Lawsuit May Be Only Way Out Of Ownership Dispute
A home owner helped a friend with bad credit by purchasing a home with him. His name is on the mortgage but the title is in the name of the friend. Now that the friend has turned up missing, what recourse does the home owner have? The buyer needs continue paying the mortgage and possibly file a…
Lawsuit May Be More Trouble Than It's Worth
A borrower worked with a debt management company in another state that did not provide the services they promised. Now the borroweris trying to get a refund for those services.The borrower has done all the right things by filing complaints with various agencies, but the difficult task of suing the…
Refinance Or Sue To Get Name Off Mortgage
When you buy property with a partner and you're not married and you haven't signed a partnership agreement, it can be difficult to undo the transaction. To get your name off of a mortgage for a property that you no longer own or live in you need to have the other person refinance the mortgage or…
Home Inheritance Requires Home Repair
When doing estate planning you may want to consider who will get your real estate and whether those heirs can afford to maintain the real estate. If multiple family members inherit a home together how can they ensure that home repairs get made and that everyone pays their fair share? This is also an…
An elderly woman sold her home and gifted a large sum of money to her daughter with the understanding that she would be taken care of. Now, the daughter is not holding up her end of the deal. Does the mother have legal recourse?
Seller Didn't Follow Through On Contingency
A home buyer purchased a home with the contingency that the seller pump the septic tank. Two months after moving in, the buyer discovers there are two septic tanks, and one of them has resulted in a $680 bill. Here are a few strategies to help avoid these types of problems and recover some of the…
New Owner Receives Summons For Former Owner
A new homeowner received a summons for problems the previous owner had with his tenants. You should only have to worry about the summons if you were named in the summons, but this buyer may want to have an attorney look it over. However, false owner scams are increasingly common. The buyer should…
Subleasing Rental Property May Be Illegal
A renter has been subletting an apartment and paying the original tenant the monthly rent. Now it turns out that the sublease is illegal and the original tenant may not have not been paying on the lease. The subleaser may be obligated to pay back rent to the apartment owner. In general, if you're…
New Construction Contractor Backs Out Of Deal
A home buyer has been working with a contractor to build a new home. After the plans are set, the contractor decides to pull out of the area. The buyer is stuck finding a new contractor at considerable cost. Sam and Ilyce explain their legal recourse and what would be the best strategy to get their…
Real Estate Contract Describes Remedy For Mistakes
Real estate contracts spell out the terms for when either the buyer or seller does not meet his obligations. If there's a breach of contract, both parties should review the contract to understand the remedy for the mistake. When a dispute arises relating to a real estate contract, either party has…
