Condo Association Fees, Dues, Lawsuits Can Strain A New Buyer
If you're living in a condo, you will have to deal with the condo association and all that comes with it, including condo association fees, dues, meetings, rules, and if the condo association gets involved in a lawsuit, it can become even more complication. Especially if you're a new buyer, you…
Lis Pendens May Prevent Sale Of Your Home
A lis pendens, or a document that is recorded against the title to the home, may stop you from selling your home. The lis pendens tells potential buyers that there is a lawsuit against the property and they might not want to buy your house. If a lis pendens is filed against your house, you should…
Seller Disclosure: Lawsuit May Not be Worth Time and Effort To Fix Problem
Seller disclosure is required in most states, meaning a seller has to reveal any defects or problems with the house to a buyer. However, the seller disclosure laws and requirements vary greatly from state to state. If a buyer discovers problems with the home that they think were not revealed through…
Hire A Home Inspector To Assist With a Masonite Siding and Wood Rot Problem
A homeowner's supporting wood structure is rotting. He discovered the problem when replacing decayed Masonite siding, and wonders whether he has any recourse with the seller for not informing him about the problem. He might want to hire a home inspector now to determine the source of his problem and…
Lawsuit May Be Only Way Out Of Real Estate Ownership Dispute With Family Member
Buying or owning real estate with family can be tricky. What can you do if when one family member stops contributing and won't agree to sell. If the co-owner won't ultimately agree to be removed from the title to a home on whose mortgage he's made no payments, it may be necessary to file a partition…
Getting Reimbursed For Bounced Check
While writing bad checks is illegal, it might be difficult to get the police involved. If you’ve been written a check that has bounced, you may be able to file a report for fraud. The other option to go after a bad check-writer is small claims court.
Home Inspection Problems May Lead To Seller Disclosure Lawsuit
When you're buying a home you should have at least one home inspection that includes a look at the septic system. What's found during that home inspection including the septic system depends on the caliber of home inspector you hire. If you discover problems with your septic system after the home…
Low Appraisal Cancels Financing For Buyer
A low appraisal makes it impossible to get financing to buy a house. If there is a financing contingency in the contract, buyers can back out if they cannot secure financing by a certain date. Without a financing contingency, buyers could be sued to force the sale of the home they agreed to buy.
Landscaping Fence Dispute On Rental Property
When you own rental property and the neighbor to your property sets up a fence that runs over your property line you may decide to ask the neighbor to move the fence. When the neighbor chooses to ignore your request you may have to hire an attorney and take the neighbor to court. Another option is…
Quit Claim Deed May Not Protect Property In Lawsuit
Transferring property just before or during a lawsuit without payment may be seen as a fraudulent conveyance -- as if you were trying to shield assets from the lawsuit. Even if you sign a quit claim deed giving up your interest in a property, the court can overturn that quit claim deed and award the…
Closing Date Change Could Cause Loss Of Earnest Money
When a seller changes the closing date and the buyer decides to pursue other properties, can the seller keep the buyer's earnest money? Does the seller have a right to the earnest money when the contract has been canceled and the closing will no longer occur? And can the seller lay claim to earnest…
Neighbor Law: Fences, Trees, Boundaries & Noise
Neighbor Law: Fences, Trees, Boundaries & Noise by Cora Jordan. In plain English, Neighbor Law explains how to find the law in each circumstance and resolve disputes outside the court -- but if you must go to small claims court, this popular book gives you the information you need. The 4th…
Renting Out Property Subject To Foreclosure
Is it legal for a rental property owner to rent a property that may be subject to foreclosure? A tenant should be given notice that the rental property is the potential subject of a foreclosure lawsuit. The landlord should also be using the income from the rental property to pay his mortgage lender…
Purchased Home Has Poor Kitchen Renovation
A couple buys a home with a poor kitchen renovation. They want to know if they can hold the seller accountable for the kitchen renovation. They regret buying their home with the bad kitchen renovation.
When you get divorced you may have to sell your home. Depending on how the home was owned each spouse should receive a fair share of the home sale profits. If during the sale, your former spouse forges your signature on the home sale documents, it may be considered fraud. It's critical that you meet…
When government determines property ownership, it may miss land that's not listed on tax rolls. When that happens, the property's ownership may remain unclear. In this case, land owned by an estate was left out of a trust. The estate's trustee now wants to put the land back in the trust. How can the…
Agent Required To Disclose Plans To Demolish Home?
A home buyer wonders if the listing agent had any duty to disclose that the expansion of a nearby highway will mean his house will be demolished.
Incomplete Seller Disclosure May Lead To Lawsuit
Seller's property disclosure statement is supposed to list all known problems. If you buy a home and discover problems that weren't mentioned in the seller disclosure you may decide to sue the seller. Seller disclosure cases are tough to win because you have to have proof that the seller knew of the…
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.
