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Disclosing a Home Inspection?

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

My office is listing a house which has an inspection report done a year ago. The owners do not want to make notations on the inspection about what they fixed (this is just laziness). My employer (I am a realtor but work only as an assistant…realtors have to much pressure!) said that the owners *have* to disclose the inspection to potential buyers, since it is less that 7 years old. I have failed to find any real estate law that this is the case. I know they have to disclose deficiencies and some still remain….but where is the law on this and is it true they have to disclose the inspection (is so, where is the law?)

I am in Texas.

Thanks!!
sorry for the horrible spelling, at work trying to figure this out and all…

I NEED REAL ESTATE HELP! Questions about Joint Tenancy?

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

My boyfriend is buying a home with a friend. He was just told yesterday that it is good to have a contract between him and his friend in case anything happens. Now I’m not sure which contract this is, but he asked me to look up "Joint Tenancy" but every time I do it’s about renters. He is actually going to be on the Deed, and he needs to write up a contract but doesn’t have a clue where to start. I need a sample contract or something to go by that I can add on to, of course any advice is greatly appreciated but I need something like a template to start with so I can include the names, etc. PLEASE HELP!!!! The house closes on the 10th and he wants to include it in the contract. YOUR HELP IS ALWAYS APPRECIATED.

REAL ESTATE QUESTIONS legal or illigal kickbacks?

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

i started doing some sub contract work for a realtor in illinois. it requires everything from changing locks, repairs, repo work to evictions. the realtor requires that i give them 20% of what ever i invoice the job for. these houses are owned by mortage companys and they pay the invoices to her and she pays me after deducting her 20%. my question is this a legal referel / kickback or illigal?

abstract of title or policy of title insurance?

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

I’m selling some of my land to a neighbor. His attorney drew up a real estate sales contract. It says seller shall deliver either an abstract of title or a commitment for policy of title insurance. How do I obtain either of these ? I still owe my bank and will pay the loan off. I’m in Missouri.

Does anyone know a really good and legitimate real estate lawyer who specializes in loan modifications?

On November 5, 2009 / By Real Estate Law Help / In Real-Estate-Lawyers / 5 Comments

We sent all our information to our mortgage company 6 months ago and we have been getting the run around since then. HELP!

Are there real estate laws to protect me in this awkward situation?

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

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.

I am looking for the section of the Ca. Real Estate Law that deals with encroachment and lateral support?

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

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 $

what is the name of the law in real estate where the constant use of a property add a (legal) attribute to it?

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

-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

Seller failed to necessary repair work in house as per real estate contract?

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

Seller failed agreed to do repairs within 5 days of mutual agreement but they did not do any of the repairs greed on our real estate contract, within this time.
What can we do against the seller for breach of contract?
How much we can get from seller for non performance?
and how?

What do you do if you know your sister in law is doing fraud?

On November 4, 2009 / By Real Estate Law Help / In Real-Estate-Property-Law / 10 Comments

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.