Real Estate Law USA.com

I need to know if I should consult a lawyer or someone might know the answer…we are buying a short sale. The first bank and second bank agreed to terms. We only got the first banks offer in hand. Both agents told us that we had the house, and the agreement was made between the banks as to how much they would accept in the short sale. The second bank now wants more money. What to do?

We bought a house and went through all the proper channels, ie inspections and what not. Now, that we are putting siding up, we see that there is SEVER termite damage. Our inspector of course cant see inside walls, but there is evidence that the previous owners knew of the termite damage. What can we do? Any suggestions would help! Thanks!

My husband bought a real estate how-to book and it has this warning in the front:
"All of our materials are protected under federal and state copyright laws………. All matierals you buy are licensed (or, in the case of other author’s works, sublicensed) to End Users and not sold, notwithstanding use of the terms "sell" "purchase" "order" or "buy" on the Site. Your license is nonexclusive, nontransferable, nonsublicensable, limited and for use only for you, the end user, and you ONLY. That means YOU CANNOT SELL, TRADE, COPY, ASSIGN, LEASE OR LICENSE YOUR RIGHTS IN THESE MATERIALS."

Now, I understand what that means… but is it actually true? I thought a copyright was a copyright… and not a license. I thought a license was something that came with music and movies. People resell books all the time… entire industry of reselling books… So what’s up with this disclaimer? Is it valid? How do you make something ‘licensed’ instead of just ‘copyrighted’? How can I verify this ‘license’ exists? Does it exist just because this page says it exists?

Nothing in the book (which is really just a binder full of photocopies that they made and sold) actually says the usual license warning stuff that’s on the back of CDs and movies. All it says is ‘Copyright 2005 All Rights Reserved".

The reason I want to know is because, without having read this warning, I listed it on eBay and the ‘copyright owner’ keeps having it flagged down, saying I’m not allowed to resell it. It’s driving me nuts. I feel like I got scammed…

If it matters, this is regarding the book "Apartment House Riches" by Dave Lindahl. Hint… do not buy it if you plan on reselling it once you’ve read it.

As a father and primary bread winner, I work ~60 miles away from where I live. For over a year now, I’ve been commuting 120 miles round tripp daily. The employment is what allows me to pay my mortgage and homeowners association fees on time.

Due to the stress from the monster commute, my employer had actually requested that I relocate closer to work.

In the midst of the real estate market slowdown, I’ve tried unsuccessfully to sell my condo. As a result, I’ve rented a house close to my work and resorted to rent out my condo.

The catch is, the HOA has within its terms (CC&R’s) a requirement that it maintains an 80% owner occupancy ratio. Because the owner occupancy ratio is well short of 80% today, the HOA is prohibiting me from renting out my condo.

Needless to say, the financial burden of paying rent on a house and mortgage on another is taken a toll on my wife and myself. The HOA terms specify that exceptions - to the 80% owner occupancy requirement - can be made for reasons of "hardship" due to employer-instigated physical relocation.

Is the HOA requirement legally enforceable in a court of law? How can I challenge this, so as to stave off financial problems down the road?

I know such a thing exists not sure if there is an exact term out their. i am talking in terms of real estate.

also if anyone knows beachfront property laws…if you were to add 55 ft of sand to protect your property would you own a larger lot since your property should be going to the water line? or is it public.. place is onisland in north carolina

On May 1, Faith, a real estate agent, and Grace, a commercial property owner, sign an agreement to find a buyer for Grace’s office building. Under the terms, if a buyer makes a serious offer within sixty days, Grace must pay Faith’s commission. Faith puts signs on the building, ads in real estate pamphlets and a local newspaper, and features the property in a "walking" tour on the Internet. On June 1, Grace tells Faith that she is canceling their arrangement. Ten days later, Grace closes a sale on the building without Faith’s participation. Faith files a suit against Grace for the amount of her commission. In whose favor is the court most likely to rule and why?

thanks

Dwayne and Ewell enter into a contract for the design of an addition to Dwayne’s house for which he agrees to pay Ewell. Ewell transfers his right to payment under the contract to Flex Construction Company. Flex is

a. a delegatee.

b. an assignee.

c. an obligee.

d. a prohibitee.

Trudy and Uri enter into a contract for the sale of Trudy’s house for which Uri agrees to pay her $250,000. Uri wants to transfer his right to the ownership of the house to Val, his niece. This transfer

a. is prohibited.

b. may be oral or written.

c. must be implied.

d. must be in writing.

Ralph and Sven enter into a contract under which Sven agrees to guide Ralph’s expedition through Tibet for which Ralph agrees to pay Sven. This contract may not be assigned if

a. the assignment will significantly change the risk of nonperformance.

b. the assignment is expressly prohibited by the terms of the contract.

c. the contract is uniquely personal in nature.

d. any of the choices.

Owen and Paula enter into a contract under which Owen agrees to cater Paula’s wedding in exchange for a cash down payment, a postdated check, and a possible interest in an apartment. The contract expressly prohibits any transfer of rights. The rights may be transferred if the transfer involves

a. a right to receive money, a negotiable instrument, or rights in real estate.

b. a right to receive money or a negotiable instrument only.

c. rights in real estate only.

d. none of the choices.

I rented an apartment from 6/2007 to 6/2008. The landlord issued me a lease agreement for the 1 year term. The lease has my name, and the landlord’s name printed and signed on the lease.

Upon moving out the apartment at the end of 5/2008; I cleaned the apartment thorougly, had the carpets professionally cleaned, took pictures of the apartment to prove the good condition I left the apartment, sent the landlord via certified mail the keys to the apartment and a copy of the receipt of the professional carpet cleaning of the apartment.

The security deposit of $500.00 I gave to the landlord to commence the lease in 6/2007 was never returned, and nor the itemized list of deductions from the security deposit. I attempted to contact the landlord via telephone, and certified mail. The landlord never contacted me back, and evaded my attempts to contact her about my unreturned security deposit. Keep in mind the landlord is a practicing Real Estate Attorney, and owns several properties in the area.

On 10/3/2008 I filed a complaint/suit for damages of my unreturned security deposit with the local Justice of Peace/Magistrate. I was granted a hearing about the matter on 10/24/2008. I attened the hearing, and the landlord/attorney/defendant did not show up at the hearing. The Magisterial Judge did not even give me a chance to say a word, and stated the scheduled hearing he gave about the matter was issued in error. The Magisterial Judge issued me an extension of hearing for 12/15/2008. It was quite strange because pursuant to procedure if the defendant does not show up at the scheduled hearing, the plaintiff wins by default.

I attended the next hearing on 12/15/2008, and this time the landlord/attorney/defendant did show up for the hearing. During the hearing the Magisterial Judge did not give me a chance to speak. The defendant argued that I was suing the wrong person, how this was a waste of her time and a major loss to the billable hours of her law practice, and that she wanted to file a cross-claim against me for legal malpractice for suing the wrong person. The Magisterial Judge ordered me to rescind my suit against the defendant or I will be charged with contempt of the court. At the end of hearing the Magisterial Judge stated that I need to work this matter out between the defendant and I, and keep this matter out of his court.

I researched the matter, and what the Magisterial Judge stated, and discovered that it has no real legal relevancy. Obviously the Magistrate is acting in the defendant’s favor, and attempting to thrawt my attempts to collect this unreturned security deposit. However, the Magistrate did not dismiss my case, and scheduled another extension of the hearing for 1/20/2008.

What should I do to correct this matter? Should just drop the suit, and learn a lesson? I left the apartment in good condition, and have pictures to prove it. Is $500.00 really worth fighting over if an attorney, and Magistrate going to go crooked against me? I could file a complaint for the Judiciary Conduct Board, and the Bar Association, but is that really going to do any justice? I’m afraid if I file a complaint suit with a a different Magistrate the same thing will happen.
Pursuant to the county property appraisal record, and the lease the Real Estate Attorney/Landlord/Defendant is the property owner of the property, and the individual landlord of the lease. There is no property managment company explained anywhere in the lease.

I am wondering why some very intelligent individuals consider real estate investments Fraudulent? When in fact SIMULTANEOUS CLOSINGS take place in this Great Nation EVERYDAY. I guess if there are parties involved who would OVER-INFLATE PRICES of properties, FALSIFY DOCUMENTS to make a buck, would be considered as a FRAUDULENT ACT. The individuals who do so should get what’s coming to them (A 6×9 cell with BUBBA). However, when a Seller is willing to accept an ALL CASH OFFER without any contengencies, other than a 30 day close. The seller has no interest in the property once the Closing Statements and other documents have been signed and notorized. There are NO laws ANYWHERE that states a property sale must involve an appraisal, survey, or any of the other CONTINGENCIES that many uneducated individuals in the industry think there are. Unless you want to consider a Lead Based Paint Disclosure as LAW, simply because someone else SAID SO. That’s why most all investors hire a highly qualified REAL ESTATE ATTORNEY and ONLY a REAL ESTATE ATTORNEY, and NOT their Brother-In-Law. Because they have paid their dues through the high cost of education, and IN DEPTH knowledge they have acquired by actively providing closings with ONLY verified numbers every step through the process of the SIMULTANEOUS CLOSING< BACK2BACK CLOSING, DOUBLE CLOSING, or which ever term someone wants to tag it. By the way, what constitutes a purchase and sale of any property anyway? Other than a SELLER accepting the Price and Terms that a BUYER is willing to pay. Or maybe Common Sense has escaped this current society. And if so, then we are all doomed to participate in the REAL ESTATE INDUSTRY by the precepts of SOMEONE SAID SO. Instead of educating ourselves to the ACTUAL GOVERNING LAWS which we must all operate within, how unfortunate. So, in the event there are still some folks who know of Private Money Lenders, and where many INVESTORS can locate these individuals, feel free to answer. I still am not required by any LAW, to be licensed, in order to SELL my house whenever I choose, to whomever I choose, or do I ?

Husband didn’t sign the lease….

What is the name of your state (only U.S. law)? Tennessee

My husband and I put in an application for a rental property with a particular company. After filling out the application they told us we needed a co-signer. We produced a co-signer and paid the additional fee….a few days later I get a call saying the property we applied for (and viewed) was not available for applicants that require a co-signer, but they had a property that we did qualify for available. My husband was already at work and we were running out of time to find a new place so I agree to meet the real estate agent to look at this property. I view it and took pictures.I immediatly sent the pictures to my husband who said that it looked ok. I put the deposit down that day and they printed up a lease which I signed. My husband was to sign the following day. That night after he got home from work I drove him to where the property is and he didn’t like the location. I immediatly called the office the next day and told them my husband was not satisfied with the property after all. They stated we would have to forfiet our deposit. I do not qualify for the lease alone as I am unemployed and the lease did have both name listed as "Lessee". He never signed and never sat down to discuss the lease terms. I only signed with the understanding that he would also be signing the lease. Do they have the right to keep the deposit?