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Where does a real estate attorney work? law answers (459975)

People haved asked the following law querstions similar to "where does a real estate attorney work?". If you have other legal doubts, use the box above to get answers.

Q: 

Buying a house in MO

A:  Your post is filled with a lot of extraneous details. "Can I just re-type it and use it, or would I be violating copywrite laws?" I suspect you'll see a copyright mark somewhere on the form, probably near the producing board-association's name. "Will she insist we sign anything, in effect making her our "transaction agent" or "dual agent"?" No one can force you to enter into a business relationship with them. "Will she then not allow us to use her sales contract, and force us to get one from an attorney?" That'd kinda be cutting off her nose to spite her face (or, rather, her client's). You should be eager to use a real

Q: 

Getting out of a lease

A:  You need to enforce your rights under the lease and document your trying to get them to take care of obligations under the lease. I hope you've documented these communications with the parties. I would be writing to the landlord/party listed as such in your lease summarizing the prior communications, demanding that X-Y-Z items be fixed, declaring them in breach of the contract, and also that they reimburse you for meals out. I'd warn them that I consider the failures to repair a material breach of the lease and that as such under state law I'm entitled to terminate my lease if they aren't taken care of within 7 days after delivery to them of written notice. (I'd recommend certified mail and showing on the letter that a copy was also *hand...

Q: 

We had put in an offer on a bank owned property in November 2008. We got outbid. In january, our agent got

A:  I have a real problem with what you said that "realtor repeatedly informed us that the contract with buyer #1 was NULL AND VOID due to failure to perform. " If there is no signed cancellation of contract, it should still be in effect. All real estate transactions have to be in writing. It makes me nervous that a realtor would say that. It''s not for him/her to make that determination. The bank obviously accepted your offer PENDING RELEASE OF CONTRACT --- which suggests that you are in back up position until Buyer 1''s contract is cancelled. You say Buyer is "ready to close." How close? Did they release all their contingencies? Have they signed...

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I have a client that was told they would be able to keep their home that was in foreclosure if they filed bankruptcy and that the bank could not

A:  Bankruptcy can stop foreclosure if you file Chapter 13. This allows the home buyer a chance to catch up any mortgage arrears over 36-60 months. If they file Chapter 7 and their house is in foreclosure, then you are correct, bankruptcy just slows down the process; it is not a fix. Some bankruptcy lawyers may say what people want to hear to get their business, but inethical practices like that exist in all professions, not just lawyers. Most bankruptcy attorneys are so overwhelmed with business right now that they don''t need to lie to get more clients; there are plenty to be had that we can and do help with the truth and a fair disclosure of options available to them. Colby The bank can''t take any action...

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I have a question about an earnest money deposit that I desired to be returned due to inability to find suitable financing.

A:  Please have a real estate attorney review all your contracts. Anthony, Lots of good advice here. I see this alot lately. Banking has been evolving on a constant basis and many lenders are asleep at the wheel. Your agent is depending on the lender to know what they are doing so they end up with egg on their face. Here is the magic word-condo. Banks require more money down on condos so that is why 15% down is typical. I just had to rescue the loan on one of my own listings in Tierrasanta where the lender goofed the loan.Next thought was if the project was FHA approved you could have gotten into it for 3.5 % down plus 6 months property tax reserves. Two big sand traps for lenders are 1) If you are above 80%...

Q: 

Which type of attorney do i need?

A:  A real estate attorney would be able to help you with this.  If you need to find one you can refer to www.attorneyPages.com. Best of luck....

Q: 

Can''t find an attorney for contract after closing

A:  Didn't your lender assign a closing attorney/settlement company, or did you buy 100% cash and not need a lender? "I know there has got to be some type of protection for buyers after purchasing a house when there is a breach of contract right?" Don't know what KS disclosure laws are or penalties if seller isn't truthful. "My problem now is finding a lawyer who will even consult with me." Unless you're in a rural area, it shouldn't be too hard to find a real estate attorney so long as you're willing to pay for his-her time. "Or even links to real

Q: 

FL Homestead Life estate - Rights of Surviving Spouse?

A:  The executor-administrator of the estate is the one who needs to address these and other details. Is that you? If so, you should be talking with a local FL estate-probate attorney (and/or a real estate attorney). The deal with life estates is that normally the person with that life estate has to pay for the taxes and maintenance of the property. Yes, they normally can rent it out and live in another state. If the spouse isn't on the mortgage, I believe FL courts have ruled that the spouse only need cover the interest payments and the remaindermen have to deal with the principal of a...

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My mom recently signed a purchase agreement with a buyer and put in paperwork for a short sale. She is

A:  I would agree, some legal advice might help your mother. I also suggest reading the contracts carefully. There may be some clauses that tell you what to do. good afternoon neighbor....i live in walled lake........i hope your mother listed "subject to lender approval"..as a condition on the p.a..if not.........she could be held legally liable to come the closing with the difficiency.......also.....there is legislation pending in lansing to abolish what you are worried about.it hasn''t passed yet.if you would like to fax me the p.a....and all disclosures....i''ll be glad to revw it...bob mcclure- mortgage now- farmington, michigan (248) 974-4444 fax (248) 694-2050.......i hope that helps.... As mentioned it is best to talk to your attorney...

Q: 

We''re trying tosell my parents house in Sun City. We''ve gotten a verbal offer significantly under the asking price but the buyer won''t

A:  Hi Bailey, The buyer''s agent probably knows that this is such a low offer and figures that you probably won''t take it - so instead of taking their time to write up the offer, with all of the necessary addendums that we use in Arizona, he is checking with your agent to see if you would entertain the offer. As a seller''s agent, I would tell the buyer''s agent to put it in writing and then you can counter offer if necessary. Things to consider... how long has the property been listed with a realtor? How are the comparable properties (sold properties) to your house? How is the activity / showings of your home? Verbal really means nothing until it is in writing - if you would entertain the price that they are throwing at you then tell...