Questions tagged [real-estate]
For questions about property that involves lands or buildings.
462
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What Happens To Shared Land When An HOA Is Dissolved?
An HOA was formed in Illinois back in 2006 a big developer was going to build houses. They established some rules/covenants and established the property lot lines. It also established some small ...
0
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0
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54
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How to prevent exposing inheritance money in a trust in case of divorced?
With inheritance money in a trust, if parents give us money for a house, will that expose all trust funds in a divorced in California?
Not worried about the "commingled" money given, only ...
13
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2
answers
4k
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Oregon property disclosure law: buyer discovers cracking foundation that seller did not disclose - 20 months after closing
I purchased a 110 year old house 18 months ago and am living in it. At the time of sale I waived inspection and did As-Is based on two factors: a 3rd party inspection was provided to me from buyer ...
0
votes
1
answer
172
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Stop sign hidden by tree
Whose responsibility is it to keep the sign visible.
My understanding of "easements" is that one may own title to a parcel but easements allow others to use or have access to parts of ...
3
votes
1
answer
162
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Selling a house providing the financing yourself for the buyer
Is it possible if I own outright my flat to sell it to the buyer where I provide the financing for the buyer to buy it off me? The flat is difficult to otherwise get a mortgage on.
I presume this will ...
1
vote
1
answer
76
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What is "ownership in the individual Series of a Series LLC that owns a home asset"?
I am looking into Arrived Homes, a real-estate investment site. (No affiliation.) I am trying to determine, if you invest, what happens when the home is sold. Their answer to the question "Who ...
0
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0
answers
46
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Non-Residential Security Deposit Laws (Commercial Lease)
GOAL
The goal is to review relevant statute to ensure that the law has not changed since the publication of the citation provided below.
DEFINITIONS
In order to protect housing renters, there are many ...
1
vote
1
answer
191
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Can downpayment money be considered initial capital contribution?
If I invest money towards a property via a downpayment, and then form an LLC, would that downpayment money be considered initial capital contribution?
I can't find a clear answer online. It seems like ...
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2
answers
60
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Duty to disclose new construction to home buyers?
I recently bought a new house. After moving in I found out from some local people that a large subdivision is planned to be constructed immediately behind my property within the next 5 years. This ...
0
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2
answers
80
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Misrepresented Land Sale in Arkansas [closed]
They realtor selling land in Arkansas listed a 10 acre tract for sale with pictures of the property, and specific information, such as "at the corner of county road "blank" and highway &...
2
votes
1
answer
516
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Who owns the land when buying a house as a foreigner in Azerbaijan?
I have searched a lot about buying properties in Azerbaijan and all sources say the following :
Any foreigner has equal rights regarding buying a personal property in
Azerbaijan as local citizens. A ...
0
votes
2
answers
79
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(Canada, British Columbia) What Cause of Action(s) would be available in the Situation Below? Ways to Calculate Remedies In this Case?
A Father (RE Agent, Broker, Owns Biz as RE Developer) is approached by his Daughter wanting to purchase Property for her to live in. An Agreement is eventually reached between the Father and Daughter ...
0
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1
answer
89
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Do I need my own lawyer for lot line adjustment?
I have a cottage, and behind the cottage is a single parcel of ~80 acres that the neighbour owns.
I made him an offer and he agreed to sell me 1.5 acres which would be added onto my existing lot due ...
23
votes
9
answers
7k
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Elder relative unwilling to change will to reflect current wishes
An elder relative, over 100 years old but with their mental faculties remarkably intact, has informed me after the death of their eldest child that I will be the executor of their estate. Let's say ...
3
votes
1
answer
573
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How do we cancel "Tenants In Common" without using a solicitor and what are the fees?
My wife and I own a leasehold property as Tenants in Common; I've checked and our Land Registry title register indicates this in "section B: Proprietorship Register"
RESTRICTION: No ...
2
votes
1
answer
114
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In the UK, where and how are "tenants in common" details officially recorded?
When purchasing a property, we instructed the solicitor to set it up as tenants in common, with unequal shares in the beneficial interest. A few years later, I am struggling to find anything in ...
9
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1
answer
3k
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Divorced mom pays mortgage. She wants to get title in her name
A divorced mom pays the mortgage on and lives in a house, but the house title is in both parents' names. The father is gone. The mom wants to move, but can't sell the house.
How can the mom get the ...
3
votes
1
answer
72
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Legal precedents or process in USA for removal or alteration of land restrictive covenants for a subdivision lot?
Are there any particularly helpful examples or precedent processes of having restrictive covenants lifted or lessened in the USA (specifically Ohio) when a property is still owned by the original land ...
1
vote
1
answer
53
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Considerations other than the offer in a real estate bidding war
My wife and I just apparently lost out on a property and I am trying to understand what happened. It was a trust, listed by an attorney. The deceased had no children and No relatives in the area. It ...
0
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0
answers
94
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After closing on my house I found out the listing and emails misrepresented facts, do I have a legal recourse against the seller?
Since taking possession of the house on 27 May we discovered the follow information regarding exaggeration/misrepresentation.
The listing stated “Lake access with permission for docking a boat from ...
2
votes
1
answer
99
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Buying a 'first' home while having fractional ownership of another (UK)
The United Kingdom offers a special program for first-time home buyers who meet certain qualifying criteria.
Does a person who previously purchased a minority share (e.g. 20%) of a house qualify for ...
1
vote
1
answer
26
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Short-term rental application process and security deposit
I was looking for an apartment for 6 months in New Jersey and found one apartment. During our apartment tour, in online data base, or application; they never mentioned about a short term lease fee. ...
1
vote
1
answer
127
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Should the village compensate for wrong land measurement?
I bought a house 10 years ago. Now, I'm thinking of building a home addition but I'm having some issues. The border of the land doesn't give me enough clearance to make the home addition flash with ...
1
vote
2
answers
546
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Can I legally take liability from a previous tenant? What are the limitations of this?
I have a question regarding tenancy laws in the UK.
I took over the tenancy for the place that my dad was living in as I needed somewhere to go in an emergency. I didn't have a deposit so my dad told ...
7
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2
answers
3k
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Selling your primary home without living in it
I already own a house and I am booking a new construction house. I am planning use it as my primary home. However, I do have a question can I sell the house without staying in it for a single day? Are ...
3
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1
answer
527
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UK - Can one person owning 50% of a house force a sale?
Is it possible for a single owner to force a sale assuming it's 50-50. Are there any exceptions to the rule?
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2
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154
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UK - Can an executor evict a mentally ill family member engaging in elder abuse?
What are possible options does an executor havve to evict an abusive daughter currently abusing her elderly (possibly senile) mother?
Suppose that these key facts are true:
The daughter has a history ...
7
votes
2
answers
2k
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Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair
Received this from a friend, and I gave my own answer though not yet fully awake nor completely confident in my answer, but I will share mine below on which I welcome all feedback/critiques as well as ...
0
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1
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136
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Why can't any tenant in a subdivided New York CIty apartment get a better one for free?
Please correct me if I misunderstand (since in fact that is the essence of my question) but I understand that in NYC (for example), a tenant is entitled to an apartment that is up-to-code, regardless ...
3
votes
1
answer
376
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Building regulations inspection not done until almost 10 years after the works - still enforceable?
I bought and completely refurbished my UK (Midlands) house 10 years ago. This included removing the problematic old staircase and fitting a spiral staircase. In total, the only building regulations ...
4
votes
2
answers
2k
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Does "agree to negotiate" mean it has to happen?
We are in the process of purchasing some land, and one of the requirements of the contract is
The buyers, BUYERS_NAME, agree to negotiate a trade of land with the neighbors, NEIGHBORS_NAME, if ...
0
votes
1
answer
69
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Consequences for vendor not fulfilling signed contract on a property?
There's an issue on a property whereby the purchasers signed a contract with the vendors to buy a house. The contract stipulated that all charges be discharged from the property but this wasn't done ...
1
vote
1
answer
187
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Prescriptive Easement - how exactly does this apply to utilities?
A prescriptive easement in my state (MT) is defined as:
"A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, ...
2
votes
1
answer
64
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In Arizona, what determines the order of priority for rights to water?
This recent article made me think more about what determines who has rights to water, e.g. in the case of a major long-term water shortage.
Is it a charter under CAPLTER?
Is it the date the home or ...
1
vote
1
answer
350
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Can my HOA approve of only certain vendors for fence installation?
My HOA has an "Approved" list of vendors for fence installation. My question is, is this legal? I want to use a contractor that aligns more with my budget that is licensed and insured, but ...
0
votes
0
answers
170
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Can an escrow company require you to use a specific notary?
I have an escrow company that's telling me I can only use one of their "approved" notaries. Can't I legally use any state recognized notary?
1
vote
1
answer
72
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Most recent case in Texas where Spanish colonial law cited
I understand that some real estate cases in Texas relate to deeds that may have been granted prior to even Mexican independence.
Have there been any such cases and if so when was the last one?
1
vote
1
answer
215
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Can bona fide purchasers transfer the title of real estate or a motor vehicle?
This is a follow up question of the question entitled "Equity's darling": How do U.S. courts overcome bona fide purchasers?", and seeks the answer to what happens when BFP's engage in ...
1
vote
1
answer
491
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Can a landlord ask you for income verification in middle of lease term?
I have lived here for 8 months. I filled out the application on line and gave them the income verification and the money to move in.you can't get approved or accepted into apartments if you don't give ...
5
votes
2
answers
819
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Estate Agents must pass on all offers made on a house - UK Legislation
I rang up an estate agent to make an offer on a house and was told they were not going to pass this on to the seller because there were already 3 offers on the table.
I am aware that under UK Law ...
0
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1
answer
154
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Can a KY landlord make tenant responsible for a broken front door?
Imagine you try to leave your house one day and find that your front doorknob, which has always been sticky, finally gives up the ghost and you can't open your front door at all. Naturally, you ...
23
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4
answers
9k
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Is it legal to refuse an offer for real estate which is above the asking price, when there are no other offers by the published due date
A house in California is for sale with asking price of X .
A buyer engages with an agent and finds out in writing that offers will be accepted until a certain date.
A buyer submits a formal written ...
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3
answers
84
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What is the minimum effort required to validate that a landlord-tenant communication is genuine if it isn't signed?
In the state of Washington can tenants disregard written communications from landlords if they are not signed?
For example, if 2 printed letters are posted (on different days) notifying of a rent ...
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0
answers
33
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What rights do landlords in Ontario have regarding prompt delivery of Preliminary Notice for Annual General Meeting
I live in Toronto, Ontario. Our condo's AGM is to be held on February 10, 2022 this year, and the deadline for nominating directors and submitting questions is Jan 10, 2022. However, although the ...
4
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1
answer
1k
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Can a foreigner from non-EU country rent out his/her apartment in Germany?
I travel a lot to Germany as a tourist. I was thinking of buying an apartment there. Germany laws do allow you to buy property even on tourist visa. But I was wondering if I could rent that property ...
1
vote
1
answer
137
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Are my parents liable if they purchase land and allow the old owner to remain as a tenant?
My parents are farmers and recently bought some pasture land in South Dakota. The previous owner, who we'll call Bob, is an aging gentleman who has lived there all his life in a small, now dilapidated ...
0
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2
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206
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Should I send a demand letter if I have no intention of filing suit or retained services from legal counsel?
I have a legal plan that allows me consultation from numerous lawyers in my area and I can also have lawyers write demand letters for me as part of my plan. However, the plan stops there. It doesn't ...
0
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2
answers
222
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Is it legal for a professional ethics group to demand that I "respect" other agents' exclusive relationships with their clients?
I previously asked this question on the legality of anti-poaching agreements. If it's not illegal for two companies to enter into an agreement not to poach each others' talent, why is it legal for a ...
3
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1
answer
328
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HOA shredded our Money Order. Is Money Order an Official Record? Are there other Records we can request?
Per our state's rule on HOAs:
(4) OFFICIAL RECORDS.—The association shall maintain each of the following items, when applicable, which constitute the official records of the association:
[...]
(j) ...
4
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0
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165
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How to find a good HOA Lawyer to deal with confrontational HOA [closed]
Suppose that a person's current HOA is very aggressive with increases, fines and attorney fees that tends to silence community members rather than empowering them.
Suppose that the management ...