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What is the law for delaying settlment date?

On November 5, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / No Comments

Hi,

We have exchanged a contract for buying a house on 19 september 09 and according to our contract the house was subject to vacancy and settlement date was due on 29 October09

At the date of settlement we were informed that the tenant has got a contract to stay there till April 2010 and does not intent to move out.

BTW the real estate agent was aware of this matter and did not say a single word about it, I have written documents and a wittness to confirm this.

We are in a tough situation, what is the law for this issue?

Thanks for your help

Is there any harm in going to small claims court pro se if defendant has an attorney?

On October 26, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / No Comments

I’m suing my landlord for breach of contract. I know I’m right and he knows it as well hence having an attorney in small claims court lol.

I’m pretty knowledgeable with regards to the law and the breach is plain as day.

I’m a bit intimidated at the fact that he’s bringing a real estate lawyer to small claims court… I know 100% there’s nothing she could do or so to resolve him of his negligence.

If some how I don’t get my desired judgment I could always appeal right?

So I could take my first round at small claims court as a learning experience if somehow his lawyer is like your honor statutory law 304972 states… that type of stuff.

So if you know you right and the law backs you up yet the defendant has lawyered up with a specialist do you think I need an attorney on the first go at small claims?

I’m in NJ and lawyers are allowed in small claims court. I know the second the judge even see’s he has a lawyer this should automatically imply guilt eh.
Excuse the typos**
Of course the second round I would have my own attorney.

Business Law help? contracts? Much appreciated:) Please help fast?

On October 26, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / No Comments

Property development company and quality land corporation sign a written contract for a sale of land. In some states, to be enforceable this contract must include…

a) a correct title, such as "Land transfer" or "Real Estate Agreement"
b) a declaration of the subject matter
c) a statement of consideration
d) the parties name

Don’t normally ask for help but i really need it. Help is much appreciated. Any lawyers or wise guys. Thanks

Can an attorney deny me a copy of my signed contract?

On October 11, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / 4 Comments

My employer is trying to enforce a non compete. But when I asked her to make me a copy of my contract she lied and said she didn’t have my contract and that her attorney, who is a real estate attorney, had the original contract. So I went to the attorneys office to have her make me a copy of my SIGNED contracts that no one would give me, and she said that she hadn’t received all the copies yet. So they both lied and denied me a copy?
Reason I know they lied,
Is because I got a copy of my contract in the mail and the entire contract was faxed to the attorney. So the attorney had the entire contract and my employer had the original copy when I asked.

So I want to know…
Do they have a legal right to deny me a copy when the had it in there possession and if not Where and Which law states that it is illegal?
By the way I am in the state of Tennessee, if this changes anything.

what kind of lawyer do i need?????

On October 9, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / 5 Comments

im on lawer.com and trying to find the right lawer my grandmother ate some food at mcdonalds and neary coked do to the food have paper in it so what kind of lawyer do i need

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Can you back out of a contract after signing it on real estate?

On October 5, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / 4 Comments

My mother-in-law signed on her house with the buyer and after signing the buyer backed out of the contract.
Oh and it was a week later that they backed out.
thank you everyone i have my answer now you were so much help

In Nevada if I’m paying my rent and my home owner isn’t using the rent to pay the mortgage what are the laws?

On July 19, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / 2 Comments

We got a letter saying he is 2 payments behind and that his house will be foreclosed and he hasn’t even told us, What are the laws? Can I sue him and if so what kind of attorney do I go to, I also have several things on my contract saying if he got behind on paying his mortgage that he is to tell me, also he’s a real estate attorney himself… My lease also isn’t up until April 2010

To Lawyers did I have a right to do this or did it break a verbal contract?

On July 9, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / 2 Comments

Maybe this should be in the real estate section, but here’s the scnerio in a nutshell.
1. I’m a landlord in Calif. tennant was to move out last day of the month on a Sunday.
2. last day of the month when I went to do the walk-through/collect keys he had left lots of stuff like mattresses, furniture, lamps etc. He told me he’d make arrangements the following day (while he’d be in another state!) for someone (a stranger he wouldn’t be monitoring, I’d have to drive 2 hours back to give them access) to remove the items.
3. The same day he moved out i fhad appointments to show the unit to others, one person wanted to sign a lease as of the following day being the first (which we ended up doing but a few days later)>
4. My agent said why don’t I just hire someone to get rid of the stuff that same day since he hadn’t warned me he was leaving anything behind, I"m not obligated to house those belongings which are on the way and look bad for the viewings.
5. I followed her advice and paid someone $195 to come and haul them away and dump them (the prior tennant was going to do the same he had no intentions of keeping the items).
6. I naturallly deducted the cost from his deposit, he says he could’ve had it done for $90 and is going to take me to court and is now making up other things to sue me for as well.

Was I obligated to keep the items until he had them removed??? (I had also kept money to repair some items he had damaged so he is now wanting to sue me for those items too such as the baseboards he had chipped, carpet he had stained, the cleaning - it was filthy so I naturally had it have it cleaned and now he’s saying he had left it clean cuz he’s angry about this and is trying to sue for all the items in the security I had deducted (adding up to $700). In case you think I’m the bad one he only gave me a 4 day notice to move out when the lease stated I needed a 30 day but he’s lucky I did not charge him anything for that like keeping all his security or not finding another tennant quickly then he’d be responsible for that. He’s basically an ass. But by law can he get away with this or did I have the right to remove the items quicker despite origianlly saying he could do it at a futre date? I just couldn’t afford to house them while showing the unit to prospective tennants which made it look trashed up.

Real Estate, Rentals?

On June 29, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / 2 Comments

Can anyone tell me about "Homestead" laws ? I rent, now month to month after 1 year’s lease written contract, I assume the owner can evict me with a month notice, I always pay full amount on time, month to month availability clause written into original contract, right or wrong ? Can owner make me move in 30 days if I pay on time ?

Earnest Money for Real Estate?

On June 7, 2009 / By Real Estate Law Help / In Real-Estate-Contract-Law / No Comments

Can a seller that breach a contract and filed bankruptcy keep earnest money? Isn’t earnest money supposed to be set in account and can not be touch until closing date? Is there a law for that? Thanks