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What rights does a home buyer have if a disclosure statement was not provided at closing?

On October 22, 2009 / By Real Estate Law Help / In Indiana-Real-Estate-Law / 5 Comments

We bought a house that was for sale by owner and we came without a real estate agent. Since buying the house we have had several major repairs ( that repairmen indicated were a result of ongoing problems). We live in Indiana and I have since found out that disclosure statements are required by law. Can I request that the seller pay for repairs since they didn’t provide a disclosure statement?

Unmarried Co-Owner’s one has abandoned property?

On October 12, 2009 / By Real Estate Law Help / In Indiana-Real-Estate-Law / 7 Comments

I have a friend (really a friend) in Indiana who is unmarried and jointly bought a house with her boyfriend (NO CONTRACT between them). Now the boyfriend has taken a job in Kentucky, and has abandoned the house (not making any payments or doing any upkeep). Is there a ‘law’ that allows her to declare that he abandoned ‘their’ property? If so, what is that called or where can I find information on it? How long does he have to be ‘not paying/contributing’ to call it abandonment. She is paying all of the bills/upkeep on the home, and is wondering if such a law exists?

I would appreciate any insight from experienced individuals, especially attorney’s, mortgage underwriters and real estate brokers. I’m open to anyone that has been through this as well. I’m just hoping for informed answers please :) Thank you in advance :) Additional Details: She can and is handling the Mortgage on her own, she’s trying to find out if he can ‘lose’ his part of the house by not paying and abandoning it? She knows she could buy him out and would, the problem is he feels he is more entitled than he really is.. (she came up with the down payment from another house she owns with her Mom - and he thinks he’s entitled to that downpayment and PART of that house as well - he was NEVER titled on that house and NO commonlaw marriage in Indiana)

Breaking a lease with no guarantor/ Indiana Real Estate Law?

On April 11, 2009 / By Real Estate Law Help / In Indiana-Real-Estate-Law / 1 Comment

I am a college student that lives in an apartment building in Indiana. I resigned my lease my lease 4 months ago, but ever since then my apartment complex has really cheated me on a lot of things and I want out. Not only that but my place is really expensive and my parents can’t afford it since my dad’s business just went under. I have already spoken to them and they will not let me out or give me any alternatives. They asked me to guarantee the lease, but I didn’t do it before I signed, and have told them I wouldn’t do it since then. I have no money to my name and my parents have just been paying for me. What happens if I just walk away? Will they even try to go after me if they know I have no money? Is it their fault they let me sign without a guarantee?
What are the repercussions of breaking the lease? If I have no money is the only thing to worry about my credit?

How do i pass Indiana real estate Law part for my RE License?

On November 3, 2008 / By Real Estate Law Help / In Indiana-Real-Estate-Law / 5 Comments

I already passed the Genral Part of the examination. but i failed twice of the state law part… its hard! anyone konw where i can get some pratice for this part?? I only have 2 more chance (3 days left). plz, anyone give me some advise! thx

what is the statute of limitations for adverse possession in indiana?

On August 8, 2008 / By Real Estate Law Help / In Indiana-Real-Estate-Law / 2 Comments

i need indiana state laws on statutet of limitations for adverse possession on real estate property i own. its a dispute with my neighbor, she is trying to "steal" property.
please help
thank you, deanna

What is considered “Legal Cause” for breaking an offer to purchase real estate agreement?

On March 26, 2008 / By Real Estate Law Help / In Indiana-Real-Estate-Law / 4 Comments

Last year we signed an offer to purchase real estate agreement in Indiana. It was my father in-laws house. Then a few days before closing my wife and her dad had a huge fight. Lot’s of name calling, on his part so my wife decided we were not going to buy the house so we walked away. There was only $1.00 of earnest money. However, the Default and Forfeiture statement in the contract says. “If this offer is accepted by the seller and the buyer without legal cause fails and refuses to carry out this agreement, buyer shall forfeit all earnest money and seller shall be entitled to recover its damages incurred as a result of buyer’s breach together with attorney’s fees and costs necessary for the enforcement of this agreement.” Now he says he wants to sue us for breach of contract. So again, my question would be what do they mean by legal cause for breaking the contract? If he never got the survey done, which it states in the agreement, is that legal cause? Is the name calling legal cause?