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.
Home Inspector Failed To Find Damages
A home owner bought a house that has several problems. The home inspector did not include any of the issues in his report. Some home inspectors are better than others, but one thing is always clear in a home inspection, if the problem is not visible, home inspectors can't pry walls open to inspect the insides of a home. If the issues you have raised should have been uncovered by a competent inspection, you have a good claim against the inspector.
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 landlord even if you have set up LLCs to hold your rental properties.
Quit Claim Deeds For LLC
Filling out a quit claim deed for a limited liability company is not difficult, but it must be done accurately. The best way to make sure your quit claim deed is filled out correctly is by consulting a real estate attorney. Another important aspect of filling out a quit claim deed, is checking with your title company to make sure the LLC is covered under your title insurance. Using a quit claim deed to convey a title to an LLC may cancel any coverage under the original title insurance policy.
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.
Understanding A Lis Pendens
A lis pendens is a document recorded against real estate that gives the world notice of a pending law suit. While the lis pendens has no monetary value, it does protect the plaintiff from actual or potential claims that may come later. But the actual value of the lis pendens will not become known until there is a judgment in the case.
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.
Homeowners Association Dues Required With PUD Rider
When you buy a home it's important to understand all the documents you sign. When you sign a planned unit development (PUD) rider on a mortgage that obligates you to pay dues as a member of a future homeowners association (HOA). When you're a member of an HOA, you also get benefits like the group caring for common areas.
Easement Agreement Determines Property Use
Even if you have an easement on a property, the property owner retains ultimate rights to the property. So if your driveway is on land with an easement, but you don't own the property, it may be a problem. While you may be able to come to an agreement with a current neighbor, that could change with new neighbors. The easement agreement language is key to understanding this dispute.
Selling Home Through A Lottery
In some states, selling homes through a lottery or raffle is legal, but may be strictly regulated. If you plan to have people participate in your home or house lottery that are from states other than your own, you may have to comply with the lottery or raffle rules in each of those states.