A lawyer is a person who can give legal advice, draft contracts, help with lawsuits, anything related to the law. Many people don’t consult with a lawyer when they should. Take advantages of the services of a lawyer, depending on your situation. When buying property, writing a will or trying to untangle your taxes, a lawyer can be a great help.
Short Sale When You Can’t Make Mortgage Payments
When you've bought a home and you owe more that the home value it may become difficult to make mortgage payments. Instead of falling behind on your mortgage payments you may want to contact your mortgage lender to set up a short sale. Be aware that when you sell your home through a short sale the IRS will treat the difference between the sale amount and what you originally owed the lender "phantom income."
Trust Beats Quit Claim Deed For Taxes
When your parent wants to put your name on the title to his or her home, what's the best option? Is a trust or a quit claim deed the better way to go? A living trust is better than a quit claim deed because of the cost basis of the home. Cost basis is the property value that's used to calculate capital gains taxes later on when you go to sell the home.
Brother Dies Without Will (Intestate)
A woman owns a home that was financed by her brother, who died intestate (without a will) and now she is worried she will lose her home. It's important to hire a real estate lawyer who can help prove that she had a valid contract to purchase the property. Then she should be able to get the title transferred to her during probate.
Contract Importance: Rebate Part Of Buyer’s Agent Commission Was Oral Agreement
What happens if you make an oral agreement, instead of a written contract, where the agent would rebate part of the commission in the purchase of a condominium? If the agent does paying the rebate, then you don't have a written contract to back up your claim. Ilyce explains that oral agreements often don't hold up in real estate law, unlike written contracts, and suggests using a real estate service such as BuySide Realty.
Selling Investment Property Includes Paying Taxes
Selling an investment property includes paying income or capital gains taxes, depending upon where you live. After you pay capital gains taxes on your profit from selling an investment property, how much money do you have left? One possible scenario includes real estate commission costs, capital gains taxes and state income taxes. Learn about how to calculate taxes when selling investment property here.
Real Estate Law Restricts Who Can Receive Fees From Home Purchase
When you buy a home, it's good to understand whether the professionals involved in your home purchase can receive referral fees. The Real Estate Settlement Procedures Act prevents giving lawyers, real estate brokers and mortgage lenders referral fees. Learn how to stay clear of any illegal activity and follow real estate law when it comes to fees.
Options For Selling Inherited Property
Inherited property can involve many different tax implications. If you sell for the amount the estate valued it at, you might not ow any taxes. If the property has appreciated, you will have to pay capital gains tax -- unless you used it as a primary residence. With investment property, you may be able to use a 1031 exchange. Talk to an accountant or estate attorney for more options with inherited property.