Real Estate Law USA.com

My mother recently passed away. I am the "successor trustee" of her estate and did not live in the property. Do I have a duty to disclose defects when we sell the property in California? I am told we do not have a duty to disclose under current real estate law.

My great-grandfather seems to have a property in Italy. I need some advises on what can we do with it.

I need to know the laws that govern the property distributions in Bangalore. I immigrated to US in 1970s married an engineer later became a citizen solely to help my family. I helped my 2 unmarried brothers, married sister and my parents to immigrate to USA. My brothers were not educated however because of the immigrant visa they came and started working one brother is an accountant and another calls himself software engineer who never finished 12th standard in India. Because of the immigrant visa they married professionals doctors at my suggestion. I was glad to help my family and my husband helped me to support my 2 brothers for 7 years or so. When they got married they moved out.

My parents married me at age 17 to my husband who was 32. My husband died 10 years ago and I have 3 children. Neither my parents nor my brothers or sister came to my aid even though every one is financially secure. They stopped calling in fear I might ask them for financial assistance. I own my house in US with over $350,000 mortgage because of my children’s education.

On my recent trip to India after 22 years, I found out my father has transferred 2 real estate parcels to both of my brothers. Both are valued at over Rs.100,000,000. One parcel is located in Jayanagar which my elder brother had it as joint ownership with my father. Then his wife and himself contributed monies to construct a house which is rented now and later the land was gifted to my brother and registered. Rent is being collected and deposited into my brother and sister-in-laws account. My father was to receive 50% of rent and my brother 50%. since the transfer my brother has not paid my father any money.

The other parcel located in Rajajinagar consists of a large home (which my parents live in) and 2 rental units earning Rs. 12,000 and commercial rent long lease of 10,000(Reliance tower). This property currently in my mother’s name who has 6th grade education who plans on leaving it to my younger brother. My younger brother has numerous other properties in Bangalore and in US. He does not need the money. When he visits India he primarily stays with his in-laws and visits my parents for few hours. My parents are from old school and claim they can do what they want with their property.

My parents had asked me to sign a paper saying that I did not have any claim to the property approximately 15 years back, which I had refused. My sister signed the paper as well as my 2 brothers. My father worked for PWD - with LCE as an engineer with my mother never working or inheriting any property. My father received distribution from a property from my grandmother which was split between my father and his older brother. My brothers have not contributed any financial assistance to my parents in acquiring either of the properties.

At present my mother is 77 and my father 80 live by themselves. Since I am a widow with 3 children I wanted to move back to India and take care of them. Since all my siblings are with their spouse who is working they do not have any intention of living with my parents at this time.

I have contributed financially, emotionally and physically living with my siblings and caring for them. They never contributed any emotional or moral support or any financial assistance to me while my husband was bed ridden for 4 years. I have helped my parents with my sister’s wedding, contributed jewelry clothing and other expenses. No one ever compensated me for anything including immigration expenses. I was unlucky to be part of this ungrateful family. However, I am in the process of seeking legal assistance to see if there is any chance for me to get some financial settlement from my parent’s inheritance.

I thought Hindu laws dictate that daughters are entitled to fair share. Does my children have any rights to this property? Please advise.

My brother in law bought a piece of property about 6 months ago, and used a realtor…and then recommended her to us. She has done a fairly good job for us, and we’re in the middle of trying to purchase a short sale (4 months in, hopefully 1-1.5 to go).

So, my BIL bought the property, and paid a premium (a small premium) for a bigger lot in the subdivision. He currently owns another home that his family lives in, and he plans to build in a year or so. Anyway - at some point in preparing the documents, the realtor screwed up and wrote down the lot number incorrectly. He found out he in fact paid a premium for a much smaller, worse lot. He’s a dentist and can afford to hire the big guns, and so he has - he’s planning to sue her and her brokerage for the difference in value, which ends up being between 200-300K.

My question is, where does this leave us? I kind of trust her to be able to treat us fairly, but kind of not. If we weren’t in the middle of this ridiculous short sale I would find someone else, because this isn’t the first mistake she has made in either of our transaction. But, 4 months in, and a tax credit ending soon, we can’t afford to lose this house.

Are there laws protecting us from recourse, or from her dumping us? Could we ask for another realtor in the brokerage to step in, or would that delay BofA in the short sale proceedings (i.e. starting over, like they almost always do)? My BIL feels bad that it could make things weird, but I definitely don’t blame him. Any thoughts would be great (esp. from real estate agents). Thanks!
To the last answerer - we are not the short sellers. We are trying to PURCHASE a short sale. Big difference.

Thanks to all who have answered so far - and yes, I am well aware of the timing of short sales and we’re continuing to look for REO and "normal" properties…haven’t found any we’ve liked enough to consider offering on, really. BoA already postponed the auction date, and they are the 1st and only lienholder on the property…they say 30 days is not an unreasonable expectation to close. We are in phase II. Who knows what that means!

I just don’t want to delay the process further by switching agents, but since both the agent and brokerage are being sued I don’t want to screw things up.

Neighbor built right on property line, elevated pad from 1 to 5 ft. graded dirt onto my property to provide lateral support instead of retaining wall cant remove dirt without wall at my $

-that might be different than what is in the legal description?

say, 1 foot of some border property was always used as a fence - is there a law that says this gives that one foot to the property that had been using the property for so many years?
i think that is what I was thinking about

http://en.wikipedia.org/wiki/Adverse_possession

I just know found out that my sister in law let the cat out of the bag.
She has bought 3 million dollars worth of real estate on a single income. Her husband is a lawyer but you cant tell me hes bringing in tons of money. He hasn’t worked in a year and she made him quit his lawyer job and she is a stay at home mom.
She hasnt made a house payment of almost 2 years and I was told through family she has taken a letter head from Washington Mutual and put in some story and acted she was the company and took it to 3 of the credit beuros to take off late payment digs. So she fraudulently took a letter from WaMu and did what they called "CUT & PASTE"
also I heard she did cut & paste and filed for forbearence. Which is if you qualify for financial hardship. I beleive she made her husband quit his job just so she can stay home and not pay a house payment. But she did every frauduently !
She has also ordered nice things over the internet, chandilliers, Neiman Marcus watch for $5,000, the Wii, Patio furniture, clothes, wall tv’s, and told her credit card she never got the items. She does this stuff allllllll the time. Even a nice hotel suite she will stay in and make a huge stink over the stupidest stuff and they will cut the bill in half. Its amazing how much she gets away with !
She also let one of the houses go for "quick sale" and she said it never went on her credit. she claims she knows someone at WaMu ! I think she did another "cut & paste" and did something frauduently with the credit companies so its not on her credit.

Is there anything I can do to get her what she deserves ? Ive been her sister in law for over 13 years and she has always thought she was better than me. She thinks driving a Mercedes and Range Rover and having 3 million worth of property is cool. Its all material and she’s a cold hearted Bi.ch who is very manipulative.
Any advice to put her where she belongs. Ummm NO IM NOT JELOUS ! I have nice things. I have a nice car, a Jaguar thank you ! I have a beautiful house. I pay cash for everything I have. Except the 2 cars and house. They are financed.
No I wouldnt do what she’s doing in a heart beat. I beleive in morals and doing whats right. cheating, lying and steeling is not right. I wouldnt do what shes doing.

The listing agreement must be signed by the seller in order to satisfy which law?
a. The statue of frauds
b. The agency disclosure laws
c. The property transfer disclosure laws
d. The real estate license law

I think it’s B but not sure

3 1/2 sisters involved property purchased after divorce from their mother, my mother has been paying the tax on it for 21 years, now the other 3 want to sell it and get their share i disagree where they haven’t paid anything

Hi.. Thanks for reading this, I appreciate it..
Im desperate… …For the first time of my life, i saw my father sobbed
My family immigrated to U.S.A from China 4 years ago, and we are legal residents. My parents own a real estate in China, and it was leased to somebody for 400,000RMB per year. thats basically their life property and a source of majority of their earnings. However, a district my city is doing a street renovation, and they are widening the street which that house is on. The district government OFFICIAL told my parents that they will have to remove the house and offer my parents 100,000RMB. as compensation. My parents refuse to accept the money because that’s just simply unfair. The government WILL remove that house by force if we are persistent. My parents try to sue them, but the court in my city claims they do not accept such lawsuits (in fact, the court is under the control of the district government) they try to sue it to a bigger court, but that court just pass down the lawsuit to the local court which dont accept. My parents worked diligently and their hard workings for over 20 years eventually turn into that house which is about to be removed. if that is removed i dont think we can still make a living.
The deed and all the document things for that house my parents still possess.
Here are my concerns:
1. How can the fact that we are american residents help us in this situation? (Like does U.S protect overseas properties of their residents?)
2. What should my family do?
3. Who should we get help from?
all kinds of advices with good intentions are welcomed
Thank you for reading this, please provide me any related information possible.