59 votes
Accepted

HOA Prohibits "Large Families"

As stated, this is not a reasonable restriction and runs afoul of the Fair Housing Act. You cannot discriminate based on family status, with an exemption for "housing for older persons", and ...
user avatar
  • 164k
59 votes

Elder relative unwilling to change will to reflect current wishes

The executor must follow the will The executors legal duty is to execute the testator’s intent as detailed in their will. While I have no doubt that you understand the testators verbal wishes as ...
user avatar
  • 157k
44 votes

HOA Prohibits "Large Families"

What happens if we build a house (with plenty of room), move in with our two kids, and then have another baby? You will start getting spurious violations like: Your grass was not cut Tuesday morning ...
user avatar
38 votes

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

It is legal, though not if the grounds are illegal discrimination (race, religion, etc), which by their (empirically supported – they raised the price) representation is not the case. As a marketing ...
user avatar
  • 164k
37 votes

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

Yes Businesses (and consumers) can choose who to do business with and what information they ask for and disclose and when they do that. If you’re uncomfortable with how they do business, don’t deal ...
user avatar
  • 157k
23 votes

What distinguishes adverse possession from theft?

The technical difference is that theft is illegal, and adverse possession is not. I'm assuming you're talking about why there's a difference. Historically, there are two basic reasons for adverse ...
user avatar
  • 20.8k
23 votes

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

The tenant wouldn't be involved in this at all. The tenant rents from the landlord, and the landlord gives them an account number where the tenant sends the money every month. How would the tenant be ...
user avatar
22 votes

Elder relative unwilling to change will to reflect current wishes

What can I do, now and/or after the testator is deceased, to make their wishes occur? A valid will is controlling. An executor's discretion is ordinarily limited to actions consistent with what the ...
user avatar
  • 139k
20 votes
Accepted

Is it legal to put a billboard on residential property?

Laws regarding billboards and advertising are very local in nature and are typically handled under city/county zoning ordinances. Start with calling your local county zoning office. They will tell you ...
user avatar
  • 17.6k
20 votes

Divorced mom pays mortgage. She wants to get title in her name

Short Answer Usually, a divorce decree doesn't leave former spouses as co-owners of the former marital residence, but sometimes this happens anyway. To oversimplify, if the divorce decree leaves a ...
user avatar
  • 139k
18 votes
Accepted

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

Precedents And General Considerations There are cases of similar things happening in Protestant churches and it ends up being quite case by case fact specific with details of how title is held to ...
user avatar
  • 139k
17 votes

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

It is not uncommon for a landlord to instruct tenants to make payments via a lockbox service to an address other than the landlord's business office address. It is also not uncommon for a landlord to ...
user avatar
17 votes

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

Debt factoring is common practice Fees generally range about 1-2% higher than mortgage rates depending on how prevalent bad debts are in the industry. This means I can get what you’re selling for less ...
user avatar
  • 157k
17 votes
Accepted

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

Yes, this is legal, although further explanation is necessary to understand why and to know what facts would result in a different conclusion. A listing of a property with an offering price is an ...
user avatar
  • 139k
17 votes

Selling your primary home without living in it

You can legally sell a house twenty minutes after you buy it, if you or the buyer can have the documents prepared that fast. You will not be eligible for certain tax benefits on any profits you make. ...
user avatar
15 votes
Accepted

Can a foreigner from non-EU country rent out his/her apartment in Germany?

A non-E.U. person may own real property in Germany and may rent it. Earning rental income from an isolated piece of investment property is not considered being "gainfully employed" for ...
user avatar
  • 139k
15 votes
Accepted

Landlord carrying out full inspection after giving impression that she would only be there to follow up a pipe repair

It is usual for a lease to specify for what purposes and on what notice the landlord is entitled to access. Often there is a provision allowing the landlord access on no notice in an "emergency&...
user avatar
14 votes

Elder relative unwilling to change will to reflect current wishes

Suggest a joint meeting with their attorney to review the will. As a future executor you can honestly say you want to be sure everything is clear so you do not have to worry about dealing with ...
user avatar
  • 8,020
14 votes

Elder relative unwilling to change will to reflect current wishes

The will has to be carried out as written, period. In our culture, it is not well received to tell an older family member they must do something. So?? You've described 100% of cultures. Approach the ...
user avatar
13 votes

If I owe state taxes, can the state seize a relative's property in retaliation?

The government cannot seize property because a person residing at that property has a tax debt: the debtor has to have a legal interest in the property, which you say you don't have. The government ...
user avatar
  • 164k
11 votes

Buyers missed closing date due to delay in the sale of a contengency property -- What happens to the deposit?

Since the contingency is in the contract and has not been removed, if the purchase falls through due to not selling the existing property, they will get their earnest money back. That was the whole ...
user avatar
  • 429
11 votes
Accepted

Does "agree to negotiate" mean it has to happen?

Agreements to agree are unenforceable The contract requires you to negotiate and, probably, to do so in good faith (or at least, not in bad faith). That means you must come to the table looking to do ...
user avatar
  • 157k
10 votes
Accepted

Force neighbor to resolve property line encroachment before selling house

Is there a way for us to prevent the sale of the house until they have moved the fence? For example, it seems that filing suit against the current owners doesn't necessarily prevent the sale, and ...
user avatar
  • 139k
9 votes
Accepted

What distinguishes adverse possession from theft?

Your question is addressed in the opening paragraph of Ballantine, Title by Adverse Possession 32:2 Harvard Law Review 135–159 (1918): Title by adverse possession sounds, at first blush, like title ...
user avatar
  • 3,786
9 votes

Are there any Social Security loopholes I can use to justify my inability to pay rent to my parents?

If I said that I wasn't paying, my SSI could be cut If you are telling SSI that you are paying rent so they give you more money, and you aren't paying rent, that's fraud. If you're filling out the ...
user avatar
  • 6,199
9 votes

Realtor's 'For Sale' sign was on wrong property & I bought under impression it was as-shown

In 1998, over half of the suits against brokers were for "misrepresentation." Misrepresentation occurs when the the buyer relies on some material representation by the agent that turns out ...
user avatar
  • 7,967
9 votes

Quiet Title Action. Is this normal?

It is unusual, but not unheard of, to do a quiet title action in connection with an arms length, non-related party sale of real estate. The far more customary practice is for the seller to do the ...
user avatar
  • 139k
9 votes

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

No A tenant cannot acquire adverse possession. As describe in the LII Article on "Adverse Possesion", one of the requirements for establishing adverse possession is that possession must be: ...
user avatar
9 votes

Selling your primary home without living in it

can I sell the house without staying in it for a single day? Are there any law on how many days/months I should wait before selling it. I am aware of the tax law and pre-payment penalty. U.S. Income ...
user avatar
  • 139k

Only top scored, non community-wiki answers of a minimum length are eligible