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

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signed a contract with person whom own joint tenancy

A:  "Approximately one month ago, I signed a partition agreement with the person whom I own a home with as joint tenancy with rights of survivorship. " Unmarried couples who purchase land together and then have a falling out create some of the worst surveying nightmares I come across. Every time I hear of unmarried couples buying a house together I cringe! It may be a wonderful sentiment that you ''don''t need a piece of paper to prove your love'', but that piece of paper (the marriage license) gives everyone a whole new footing when the relation falls apart. ''This agreement states that …any unreasonable offers shall be accepted.'' I hope this is a typo. If it''s not, this is way worse than you can imagine. ''He actually had his own business attorney...

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We have a deadbeat in our association who owes assessments and late fees. Now he''s listed his property and

A:  Great answers!! You should know what to do now. Find the attorney or agent representing the buyer and let them know your deadbeats situation. The buyers will be requesting that letter soon, if they haven''t already. When your association says "We''d love to issue the paid assessment letter but this guy owes $1500!!" The attorney''s will make the deadbeat seller pay up if he wants to close.....simple as that. Contact me if you need more direct answers and explanations! Scott Shapiro @properties 7739882069 scottshapiro@atproperties.com This is actually a much simpler process than you may think., especially if you are on the Board. There is nothing that you need to do at this...

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My mother in law is in a divorce struggle with her ex husband and have a house jointly in FL that is under

A:  IF ALL IS TRUE the agent could be held in contempt of court. and violation of the court orders. IF ALL IS TRUE - a demand letter and copy of court orders sent certified return receipt to agent and broker who is held liable per the standards of the court doc''s Lynn911 Dallas realtor & Consultant, Loan Officer, Credit Repair Advisor The Michael Group - Dallas Business Journal Top Ranked realtors 972-699-9111 http://www.lynn911.com The court order demands a sale, but removal from a listing is not a condition that was covered under court order. The listing agreement however has obligations, provided both parties signed the listing agreement, both parties would have to be in agreement in having it taken off the market. If however...

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does my agent has to be involved if I buy the home I am renting from landlord?

A:  I would use a real estate attorney if there is no buyer''s agreement. It is not so much a matter of trusting your landlord, but more making sure the transaction is executed properly. My first question would be did you sign a buyer agency agreement with the agent? Did you sign anything that stated that your agent and you had a relatioship where you are that agents client? If so I would check your paper work. If you did and you want to purchase this home you can, but you could possible owe the agent their commission. You might want the agent to represent you in this transaction. If you did not you could work direct with the seller. You might want to check and...

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Am thinking of buying a TIC in San Francisco, would like to rent it out for 2-3 years before moving in myself. The building WAS Ellis''ed.

A:  Marti, The others are right - you need an attorney who specializes in this area of law and Jeff Woo is one who does. These situations are complicated to begin with, and further complicated by the fact that when the building was ellis acted has implications as well. Buying into a situation like this without consulting a knowledgeable attorney first is asking for trouble. FYI - My understanding of the rules regarding Ellis Acted with regards to vacant units at the time of ellis act is as follows: the only "benefit" from a particular unit being vacant when Ellis Acted is that you can rent it to anyone at market value in 5 years as opposed to having to offer it to the renters who were...

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Our home management company in Virginia requires us to pay them a full 6% if they assist us in selling our

A:  Same disclaimer: Not a lawyer. Though you say "Our management company sees themselves as representing both sides," I kind of doubt that. Though I''m a realtor, I use some specialized agents to rent out a property I own. And they wouldn''t considering themselves as "representing both sides." True, there''s the standard language in the listing agreement, similar to yours, saying that if I sell (under certain conditions), I owe a 6% commission. The intent is that they''d act as a listing agent, not under dual agency. In that case--and likely in your case (non-lawyer disclaimer), the commission would be split just as it would be in most sales. You''d owe the 6% to the listing agent. That agent, in...

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What are my financing options if my condo is underwater but I''m not experiencing a specific hardship?

A:  Hi Silent J, You are vulnerable in the following areas, credit, tax deficiency judgement wise. If you would like to short sale because your property is upside down. A short sale means that both lenders in your case will take a short pay off and release their liens on the property. They will accept less money than what they are owed. You will need to prove to your lender that you are unable to make the current payment. You will need a hardship letter and they will want to see your financial statements that you have no money to pay them. The lender will also want you to participate in the loss, your credit will be hit, you will loose 80 points and you will have a negative item listed on your credit report "settled for less than agreed/shortsale" sometimes...

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Broker wants us to sign a Indemnity/Hold Harmless Agreement due to his bad boy agent committing several ethics violations.

A:  So sorry to hear about your situation. You stated "contracts have been signed", not sure if you have accepted an offer on your home, or if you are referring to signing a listing agreement. I am not an attorney and must tell you that I cannot give legal advice, however, from the veribage of the document the broker is asking you to sign, I would definitely consult with a real estate attorney in your area before signing it. Especially if you have accepted an offer on your home, there may be other legal ramifications from the actions or inactions of your realtor that you are not aware of, which a real estate

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How do I buy into a property w/o triggering a property tax increase?

A:  Yes, this is a legal and accounting question best left to those professionals. I would advise you consult a tax attorney, not just a real estate attorney. As for "avoiding" taxes, that is perfectly legal, if done according to the law. As Horace points out, the "evasion" of taxes is what causes problems. You could structure the purchase agreement to address the issues of concern-- i.e you buy an interest in the warehouse only and allocate the taxes accordingly. You would have to look at the financial stability of the partnership and the financial statements relating to the property. Do not jump into a purchase without considerable thought and...

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hi ''I sold my house by owner(mistake-next time we get a broker)Closing date is in 5 days, so we packed, got

A:  Alan Your story is a sad one, but unfortunately not unusual. You do need professional assistance. This is not legal advice, but a lawyer would seem the best course. Areas that require attention: 1. Is the buyer going to get a loan from anyone? I would require that they apply with multiple lenders, at least one direct lender. 2. Do you know why they were turned down for financing? There is a difference between being unable to obtain a loan, and not accepting a loan ...for example, FHA loans interest rates are based on down payment and credit score. If they were in fact approved, but did not want to pay the monthly payment, there is a difference. 3. Did they do an appraisal on the property? In most transactions there is a "ccontingency period" when the...