The Ask the Real Estate Lawyer column by Samuel Tamkin answers your questions about real estate and the law. These helpful articles by Ilyce Glink and real estate attorney Samuel Tamkin cover all sorts of topics, everything from buying a vacation home to selling investment property.
Seller May Cancel Sale Due to FHA Mortgage Requirement
When you buy a home with an FHA loan you have to follow their rules, including one where you can't close on a home if it was just sold 90 days earlier. If a seller is eager to sell he may not want to wait that long. Can the seller keep the buyer's deposit if the closing gets delayed or canceled?
Quit Claim Deed May Not Represent All Owners’ Interests
When you agree to pay property taxes you likely want property ownership as well. But be careful assuming financial responsibility when only one of multiple owners of a property asks you to. If one property owner quit claims his share of a property to you, you may find that you've invested a lot of money into a property only to have the other owner or other owner's heirs come to you later wanting their share. It's helpful to contact an attorney in this situation.
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.
How To Terminate Contract On New Construction Condo
A home buyer signed a contract to buy a new construction condominium two years ago and after several delays with the builder, he would like to get out of the deal. A real estate attorney can help walk you through new construction deals and prevent large losses later in a transaction. Under federal law, this buyer might have a right to terminate the contract if he didn't receive certain disclosures for the new construction condo.
Inheritance Property Conflict: Get A Real Estate Attorney
If you have been given property as an inheritance, and share it with others, hire a real estate attorney if there's a conflict. If you share the inheritance property with a family member, hiring a real estate attorney can be tricky. But if the siblings are having a conflict over the inheritance property, sometimes the real estate attorney may be the best, fair way to deal with the conflict.
Divorced Spouse Sells Property and Commits Fraud
When you get divorced you may still own property with your ex-spouse, perhaps as tenants in common. If one of the partners sells the property without the permission of the other, that spouse is committing fraud. What are the options for the other spouse?
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 real estate attorney. Since she bought the property with the usage, she may be able to continue using the septic field.
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 country. However, depending on the state, the time to sue may have run out, since it's four years later.