Questions tagged [real-estate]

For questions about property that involves lands or buildings.

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18 views

Earnest money and due diligence money for North Carolina real estate

North Carolina requires two kinds of money deposits with an offer to purchase real estate: earnest money and due diligence money. The two deposits are forfeit under different conditions. Real estate ...
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1answer
112 views

If you buy an apartment that has a rent controlled or rent stabilized tenant in it can you evict them to move in?

Suppose I buy an apartment which has a rent controlled or rent stabilized tenant but I want to use the apartment as a primary residence in NYC. Do I have the right to evict the tenant and move in?
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10 views

Is it possible to have a condominium complex where separated buildings are a Limited Common Element?

We live in a small condominium complex: there are two physical buildings, each with two units. The two buildings are separated by ~20 feet. The units are townhouse style, with each building having two ...
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1answer
113 views

Are there jurisdictions in which it is illegal to presell a house (without the property being already finished)?

Are there jurisdictions (countries) in which it is illegal to presell a house (i.e. contractor selling a house without the property being already finished)? The purpose should be to prevent contractor ...
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2answers
52 views

What do you call it when the management of properties is transferred due to negligence?

When the owner of a property or properties fails to take proper care of said properties, the state or municipality may take over management of the properties by force. What is the legal term for this?
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90 views

I am a citizen by state X, but I bought a house in state Y and then changed my citizenship from X to Z [closed]

(all the instances of state here means a state in the general sense of a "country", not in the federal state of say a "U.S.A. state"). Let's assume that I am a citizen by state X, ...
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2answers
61 views

What legal recourse is available for a landlord trying to collect rent during an eviction moratorium?

What legal actions are available for a landlord who is trying to collect rent during the recent U.S. eviction moratorium? The eviction moratorium seems to challenge fundamental notions about property ...
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2answers
218 views

Can a railroad bar a property owner from access to their property?

A 90+ acre tract of land has CSX railroad on it. The property owner in this rural area hunts on the property. In fact the back half of the tract of land is bounded on three sides by the rail main ...
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37 views

Can I deduct a repair/replacement cost from my rent if the landlord endlessly stalls on fixing it?

I have been living in a townhome in Philadelphia, PA for a little over 2 months. There have been endless repairs needed on the home (all due to previous tenants/times) which the landlord has gotten to ...
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1answer
102 views

Can a restrictive covenant deny a land owner the right to use a road on their own property?

If an easement appurtenant grants access to a property for the purpose of traversing it, can it also restrict the servient estate from any use of that way of access? I am wondering about the ...
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3answers
195 views

Can you use force to make your way when someone is trying to stop you without legal right to do so?

Suppose you are walking on a public land and there are no legal restrictions to you doing it. Suddenly someone appears on your way and says you can't walk here. They are not a law enforcement officer ...
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3answers
9k views

HOA Prohibits "Large Families"

My wife and I have found a vacant lot (this is in Utah, BTW) where we would like to build a house. However, the HOA that the lot belongs to does not allow more than four occupants, regardless of the ...
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1answer
79 views

Could I have any liability for the cost of the unapproved removal a tree from my property and paid by my neighbor?

My neighbor, without my knowledge, had a tree removed from my property. The tree was diseased and would have been removed, at my expense, eventually. It was removed along with an adjacent diseased ...
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2answers
2k views

Can tenants claim adverse possession during a rent or eviction moratorium?

If there is a rent or eviction moratorium in place for an extended period in a particular jurisdiction, so that tenants are not paying rent, can they eventually acquire adverse possession? By "a ...
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1answer
52 views

Removing deceased spouse from mortgage - TX | USA

A couple years ago, the lender on my mortgage approached me about refinancing the house to lower my payment, but my wife passed away several years ago. Being in our early 30s, and poor as could be, a ...
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1answer
71 views

Real estate law omission of important disclosure

Suppose that a person A bought a house in california three years ago. The last owner had lived in that house from the time it was built in 1964 until four years ago. When the owner passed on, the ...
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3answers
268 views

My fence is almost 2 feet inside my property line. Can my neighbour restrict me from accessing that 2 feet in Ontario Canada

The fence was here when I bought. My neighbour bought just after me. We haven’t been here a year yet. She just had her property surveyed and the fence is inside my property line. My property actually ...
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1answer
48 views

How does Ohio handle intestate inheritance of jointly owned property

My best attempt to summarize the situation; Ohio property purchased as JTWROS by A, B, and C. A and B are married. C is adult child of A and B. Unfortunately, A suddenly passes, not leaving a will. ...
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2answers
66 views

Selling property to low-net-worth buyer

Suppose that someone inherited a plot of undeveloped land in a small town in California. The town has a few houses and businesses, but is mostly comprised of undeveloped lots. Even so, suppose this ...
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1answer
130 views

Is it Legal Not to Disclose Problematic Neighbors When Selling a House?

In most places in Canada, there are certain things a home seller must disclose to potential buyers, such as known problems with the house, e.g. a leaky roof, mold, etc. I'm in Nova Scotia, ...
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2answers
77 views

Florida Estate does not want to pay lease on condo from deceased tenant but wants personal property

Personal Rep for Estate is out of town and has never visited the leased condo after tenant deceased. She wants personal property without paying up on the past due rent. Have made a Statement of Claim ...
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60 views

Is it legal to issue private road notices on public estates in the UK

This morning I parked my car around the corner in a new housing estate and walked to work. When I got back to my car, I found this stuck on the windshield... The housing estate is completely new and ...
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2answers
79 views

Findings on a home inspection: No wording in agreement that I have to pay for findings. Do I need to?

We had a home inspection done, but a week before closing our buyers want an inspection and “all findings coming off of the sale price”. We have a paragraph in our Agreement of Sale that gives our ...
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1answer
113 views

Can our HOA require us to help purchase unused properties in our subdivision?

Our HOA held a vote to buy 3 unused parcels of land in our neighborhood. The purchase requires us to pay an additional $763 on top of our annual fee. Am I required to help purchase this property for ...
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36 views

Can the buyer's salesperson receive commission directly from a private seller?

Imagine a private seller wants to save money by not hiring an agent, but is willing to pay some amount to a potential buyer's agent to seal the deal. In the described situation can the buyer's ...
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3answers
223 views

Under what laws did Israel evict Palestinians from their homes?

According to the BBC news last night, the latest violence in Israel / Palestine began after Palestinians were evicted from their homes in favour of Israelis. It seems highly draconian. What laws does ...
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36 views

Is there a system of property titles In Israel or is all possession determined through color of titles?

During some of the reports about the current outbreak of violence in Israel, some of the commentators have attempted to explain the details of the incident that spurred the current wave of violence. ...
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19 views

What kind of lawyer can review and advise on a LLC operating agreement?

I plan to invest in a fund that is provided by a company that does real estate business. I have conducted business with them for a while and have established some trust. The fund pays a fixed interest ...
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1answer
79 views

No notice Tenant eviction in North Carolina upon forclosure legal?

I was rvicted from my home by police due to Landlord's property foreclosure. I was given no notice to move by anyone prior to this nor did any formal or informal eviction take place. The lady in the ...
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1answer
41 views

Property held as joint tenancy with right of survivorship still needs probate?

I bought a house with my brother. The deed says joint tenancy with right of survivorship. My brother died, and I want to sell the house. The underwriter for the title company says my brother's estate ...
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3answers
6k views

Can a landlord sell their rental income from a tenant to a third party?

I am thinking about a new business venture, my idea is to create a professional vetting service which helps landlord vet their potential tenants, if a tenant passes the vetting process, I will offer ...
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1answer
45 views

Are peers of landlord-appointed agents also landlord-appointed agents? [closed]

This is related to two of my previous questions: Can a landlord appoint agents at will? and Can a landlord appoint agents at will? The owner of my apartment has hired a realtor to sell it. According ...
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2answers
4k views

Can a real estate agent refuse to show a rental property (apartment) in NYC if I don't provide my eligibility information?

I'll email the Nooklyn real estate agents in the New York City area with a question about the property (e.g. floor level, elevator availability, cost of parking, etc.), and they almost always respond ...
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1answer
55 views

Can a landlord appoint agents at will?

I am curious about something that came up in this question: Can a realtor show my apartment at will, with notice?. In the linked question a comment for an answer states: "The realtor IS the ...
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73 views

Can a wall fully on one's land be part-party?

I own a semi-detached house 10m tall. A large garage on the detached side shares the bottom 2m of the wall. It belongs to the neighbours, who will build a house to replace the garage. In contrast to ...
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1answer
60 views

Can a wall only be part-party? (England)

I own a semi-detached house 10m tall. A large garage on the detached side shares the bottom 2m of the wall. It belongs to the neighbours, who will build a house to replace the garage. Is the whole ...
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1answer
27 views

Under what conditions does section 1031 of the Interal Revenue Code apply to buying a house?

My question pertains to law in the United States, not the United Kingdom, or any other place where English is the predominantly spoken language. Despite having no legal or financial background, I am ...
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1answer
105 views

Neighbor has other neighbors fence removed

PersonA hires contractor to remove a fence. PersonA deliberately lies regarding ownership of the fence and land. Fence is actual property of PersonB and is actually on PersonB's property. Contractor ...
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1answer
41 views

Does settlement of an HOA liens wipe the slate clean?

A house in Missouri was being sold and the owner wanted to negotiate a lower payment to settle the HOA liens because the buyer would not offer him enough money to cover both the HOA dues and the ...
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2answers
101 views

Are we responsible for fixing items in a our home if we didn't sign an addendum?

We are currently selling our home. Our real estate agent just sent us a list of items that are being requested from the buyer to "fix." We rejected this list and got a response from the ...
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0answers
31 views

Deed creating the estate by the entirety - should I put $0 for the amount?

I am adding my wife to the house deed using "deed creating the estate by the entirety." The document says I am giving her 50% ownership in exchange for: $______ property:___________ and ...
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2answers
915 views

What would happen to the churches (physical buildings), works of art, etc. in case of a new schism?

In the recent past, in the opinion of some theologians, the German catholic church is close to a schism with the Catholic Church. Regardless of whether you agree or not, I'm interested in knowing what ...
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43 views

Obtaining parcel GIS data controlled by a private company that uses public information/funds to maintain it?

I am trying to obtain GIS parcel data for non-commercial purposes. So far, most counties provide this information on their public GIS portals. San Luis Obispo and Orange County said they cannot ...
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3answers
1k views

Quiet Title Action. Is this normal?

I am in the process of purchasing a home for the first time. The title has a cloud because the house was sold at a tax sale in 2018 (the owner was deceased). The guy who bought it sold it to another ...
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2answers
73 views

How do I get the title and ownership paperwork for a deceased relative's house?

My mother passed away. She left a will saying who should receive which items. However, my mother's will lacks a lot of useful information. For example, the will does not state where the title ...
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1answer
43 views

If a stakeholder steals escrow/deposit in land sale contract, is the seller obligated to refund the deposit?

In a more drastic case, if in a Sale and Purchase Agreement, the vendor authorizes the purchaser's solicitor as the escrow/stakeholder to receive not just the deposit but the purchase price on his ...
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2answers
37 views

Issuance of new deed on death of grantor

This question is about how deeds should be recorded on the death of the grantor. If there is a quitclaim deed that lists a single person as the grantor and that grantor dies, then how (or if) is that ...
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0answers
41 views

Ownership of real estate in event of fraud: signed APS but deed not transferred due to real estate fraud

In this account I am speaking from the point of view of someone close to me. Suppose a couple years ago I sold my house in Penan to somebody else (both of us are foreigners), whom I'll refer to as B. ...
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0answers
55 views

Question about items left after a home sale

So I did a bit of research that anything that is stated in the contract are to be left to the buyer and that fixtures are also left to the buyer regardless of it being in the contract. My question is ...
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1answer
121 views

Do I have to let Buyer in after disclosing new defects?

I disclosed new defects to the buyer along with a inspector's estimate after he removed the inspection contingency. He wants to bring in his inspectors to inspect these defects. The new defects ...

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