37

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 with them. If they don’t like how you do business, they are free not to deal with you. This is called discrimination. However, it is not unlawful because only ...


23

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 involved with you? Actually, if I was the tenant and I was told to pay the rent to some third party, that would be the reddest of all red flags to me. As a ...


17

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 than a quarter of your price. Typical arrangements are that I get 80% when the debt falls due and the balance (less your fee of say 3%) when the debtor pays. ...


16

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 hire a management company that collects all rent and also handles maintenance and other on-premises services. Such services, I understand, charge rather less ...


15

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 property, the exact language of governance documents, since Protestant churches are organized at a governance level, and hold property titled in a variety of ways. ...


13

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 can seize property under the practice of civil forfeiture, which is a legal dispute between law enforcement and property – the simplest way to put it is that the ...


9

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 quiet title action (at the seller's expense) if it is necessary for the seller to have what is called "marketable title" to the property, before it is ...


8

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 to be false. Misrepresentations can unintended, negligent or fraudulent. In Lee v Bielefeld, the Court sided with a buyer who was mislead by a real estate agent ...


6

What happens when a person dies intestate is that the court appoints someone to be the executor. That person is supposed to settle the decedent's debts, and divide the remainder equally among the siblings. It is virtually guaranteed that the mortgage-holder will get their share – you can't just sell a house with a mortgage and run. In the meantime, the ...


4

Since this seems to have been viewed a lot, an update/answer. I can't comment on the normalcy of such clauses since this has been my only experience. But the Estate Agent immediately struck the clause without any fight, so it seems like it was just there "in case I let it slide". It turned out to be a great decision, since I ended up finding my own ...


4

It depends on the location and the nature of the structure. In Seattle, for example, it requires a permit. Usually, any such structure does require a building permit, which means that the government has to approve the plans w.r.t. offset requirement, height requirements and so on. There may be a view ordinance, or not; you may have a view easement, or not. ...


4

The words words "[re]built", "remodeled", and "converted" are not terms of art at common law. They would be interpreted on a case by case basis under the circumstances, typically in a lawsuit for a fraudulent misrepresentation, negligent misrepresentation, or breach of a contractual covenant, with an eye towards where the use of ...


4

You can do everything that follows the legal rules: It does follow the building allocation for the lot (which most likely reads: Parking lot of lot XYZ, preventing reallocation into other lots) It follows local laws (which might or might not prescribe that condos have to provide a parking space per condo, preventing tearing it up) AND you must find the ...


4

If I need to pay property tax on the house, are there any exemptions, based on the fact that I have no income? No. There may be property tax exemptions for other reasons, but there is not a property tax exemption for lack of income. The most common property tax exemptions in New York are listed here. They are: STAR (School Tax Relief) Senior citizens ...


4

No. This is not normal. Get out now! Imagine you and I negotiate a particular price on a car that I'm going to sell to you. Then, right as we're about to close the deal, I say, "Oh, by the way, this sale might not include the engine. I mean, it probably does, but it might not." Still want to pay the same price for the car? The title company is not ...


4

Is the contractor liable? It depends. Trespass and conversion would be the applicable torts. In some jurisdictions, those are strict liability torts, in others they are intentional torts. The contractor lacks intent, but did participate in the act. I haven't yet had a chance to check out California in particular. California appears to come close to a ...


4

Sam Wilson: Found a place in Brookyln yet? Steve Rogers/Captain America: I don't think I can afford a place in Brooklyn. NYC is a very in-demand market, with many apartment-seekers being out-of-state dreamers, or local residents who have realistically been priced out of their own town by gentrification. This demand overloads landlords - ties up a lot of ...


4

Short answer A pro-settler organization called Nahalat Shimon is using a 1970 law to argue that the owners of the land before 1948 were Jewish families, and so the current Palestinian landowners should be evicted and their properties given to Israeli Jews. Long answer


3

too long, didn't read: You would be liable for a claim for breach of contract. The self-isolation guidance is voluntary in this scenario and in any event the relevant legislation allows you to leave to "fulfil a legal obligation" such as completing a contract. Therefore, the court would probably give judgment for the claimant on the facts you've ...


3

Rob is responsible. No Bull! Around the world, the law of wandering cattle depends on the details. New Zealand is no different. This case is covered by s 26 of the Impounding Act of 1955, Damages for Trespass. As you said, S 26(1)(d) says Bob is entitled to damages whenever his "land (whether fenced or unfenced) is situated in a city." This is ...


3

Would capital gains taxes come into play given that the house is his daughters primary residence, but not his? Yes. He sold something that was his property, i.e., his [long term] asset. The fact that it was not his primary residence is irrelevant in this regard. The issue of primary vs. non-primary residence might be relevant only for purposes of computing ...


3

what actions do I need to take to reclaim my address? Make the address really yours (buy the property). Use your current address for all correspondence. Setup mailbox with address prominently written on it. Approach the neighbor nicely explaining them the situation and ask to stop using the address. If 3 fails, hire a lawyer and instruct them to approach ...


3

You can politely request over the phone that he fix it. You can politely request by letter that he fix it. You can hire an attorney to firmly request by letter that he fix it. You can sue him to get the courts to order him to fix it. You can also decide to fix it and forget the warranty. One thing that you can't do is let the physical situation get worse to ...


3

No, but their use might give them a prescriptive easement. Under Ontario law, to establish a prescriptive easement, the trespassers would have to prove to the court that they: Used the property without permission; Used it openly and peacefully; and, Used it continuously, uninterruptedly for 20 years. (You can interrupt their use by giving them permission ...


3

Short Answer The question of whether a real property mortgage is recourse or non-recourse is governed by the law of the jurisdiction where the real property is located. The place where the parties to the agreement reside, or where the documents are signed, is irrelevant. I am not aware of any exceptions to this rule anywhere in the world. In some ...


3

Unfortunately, there is the law answer, and there is the family answer. The law answer is fairly straightforward - she deeds the land to you, and you leave it your husband if you precede him in death. The family answer is different. Many families have been torn asunder by inheritance issues. Your siblings seem to think they deserve a share, which is ...


3

Every lot on the subdivision is and always will be acquired “through the Developer” Unless the developer still owns it. Somebody is the heir or assignee of the Developer - that’s who you need to seek approval from. Even if the Developer was at some point a company that got liquidated, the right of being the Developer would transfer to the creditors of that ...


3

If three people inherited a house in equal shares, then a new deed should have been prepared and filed with the appropriate governmental authority (the county in most US states) before probate is closed. When that is done the authority of the executors over the house as executors has ended. However, if I understand you correctly, the two former executors are ...


3

In general, a person may appoint as many agents as s/he wishes for a particular purpose. The principal is responsible for the actions of all such agents, unless they exceeded their powers or instructions, and in some cases even then. In this particular case all such accesses would have to be "reasonable" taken together, and if the various agents ...


2

New land is not only created by volcanoes, but also manmade, for example by the dutch, or it appears almost by itself at the north sea coast of Germany, especialyl around coast protection constructions around some of the islands. Who owns the land? In the case of the german north sea coast, it is owned by the commune (or rather: Bundesland) and automatically ...


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