Real Property » Sales Legal Questions & Answers


Category: Real Property » Sales
After closing can a buyer rescind on the deal?

After closing on property, documents, fees and stamps have been executed and money has been disbursed can a buyer change their mind and say they do not want the property?

03/31/2007 | Category » Sales  State » FL  #2414
What happens if everyone does not sign a Private Road Maintenance Agreement?

We are refinacing our mortgage. The lender is requesting a Private Road Maintenance Agreement signed by all that share the road. We were told that all property owners have to sign it. We can not get all of them to sign it. They are elderly people and they do not want to sign a...

04/05/2007 | Category » Sales  State » VA  #2689
Do I have to place the mortgage on my rental home in my name before selling?

I had a lease with an option to purchase. After about 6 months the owners contacted us to tell us they had financial problems and didn't pay the mortgage. We had an attorney draw up new legal papers that voided the old document and gave me the right to purchase the home for pay...

04/06/2007 | Category » Sales  State » AK  #2738
What happens if there is a tax lien against the property I am trying to purchase?

I plan to purchase a property as tenants in common. I would like to know, if the other owner ended up with a tax lien against the property, in the event of a sale, would that only come out of that owner's percentage of ownership, or would that be paid out of the total proceeds of...

04/08/2007 | Category » Sales  State » UT  #2797
If I jointly own a building with my mother can she force me to sell?

If I own half of a 2 flat building and my mother owns the other half, can she force me to sell the building or if she dies do I become full owner despite the will?

04/09/2007 | Category » Sales  State » IL  #2812
How long after your house has been listed with a realtor can you sell by owner?

How long after your house is no longer with a realty firm can you the homeowner wait before selling it by owner? Are there time periods?

04/09/2007 | Category » Sales  State » OH  #2846
What would be the reason for the seller paying for the home inspection?

Why might a seller want to do and pay for a whole house inspection rather than having the buyer do it?

04/10/2007 | Category » Sales  State » NE  #2867
What are our options to evicting one of the heirs from the home we inherited so we can sell it?

My mother's will was probated 10 months ago and we five children can't sell the house that was left to all five of us in her will because one of the five children refuses to leave the house stating that she can't find a place to live, along with a laundry list of excuses. What a...

04/10/2007 | Category » Sales  State » MS  #2914
What is the correct way to settle the sale of a home in both my name and my ex-boyfriends name?

I seperated from my boyfriend of 6 years. Both our names are on the title and mortgage. We are not married. Do I have legal rights to half of the proceeds if the home is sold? How is this determined, and what are my rights? Do I have to pay him half of what I collect from renters...

04/18/2007 | Category » Sales  State » AZ  #3173
What is needed for me to sell my father-in-law a rental property?

I own a rental property and my Father-in-Law wants to buy it, and pay cash. Do we have to use an attourney, or legal firm to close this deal or can we do it ourselves?

04/19/2007 | Category » Sales  State » GA  #3199
Can I be evicted from my home if the land it sits on has been sold and I am disabled?

I am a legally disabled woman on SS/disability and I would like to know if I can be evicted from the home I own even if the land my home is on is sold?

04/24/2007 | Category » Sales  State » WI  #3293
How can we get out of our sellers contract if we decided not to sell our home?

We signed a seller contract with a buyer---not in front of lawyer. Just involved my husand and myself. And other husband and wife buying our house. Due to some problems with us finding another place to live within the time frame of closing date at buyers request we are conside...

05/22/2007 | Category » Sales  State » KY  #5596
How does my mother enforce her lease when my sister is trying to sell her home that she now owns

my mother in law sold her property to her daughter for approximately $94,000.00 less than the low appraised amount with the provison all parties enter into a lease agreement with her for 11 years to live rent free and only pay one half of the utilities. my mother in law is 80 yea...

05/27/2007 | Category » Sales  State » NY  #5981
What if I am being forced into a sale of my home for the benefit of my ex?

Never married bought a home together in 1972. Man left not to surface for 35 years. I paid all mortgage, taxes, repairs. Now, man shows up says he says his 1/2 (quick claim) to a forclosure specialist. This man is trying to force me out with a partition sale. I have proof of all...

09/17/2007 | Category » Sales  State » NY  #8806
What can I do if my home that is for sale was broken into while on the market?

I own a house out of state in Euclid, OH. While my house was for sale it got broken into and all of the copper pipping was stolen out of my house. Can I hold my realtor responsible for any of this?

09/17/2007 | Category » Sales  State » OR  #8826
I would like to know what forms I would need to sell land with a quit claim deed

I would like to know what forms I would need to sell land with a quit claim deed.

10/25/2007 | Category » Sales  State » WI  #10942
I have purchased a piece of land from another person and I need the form for this to transfer title

I have purchased a piece of land from another person and I need the form for this to transfer title before it can be re-recorded with the clerk.

10/25/2007 | Category » Sales  State » CA  #10974
Can we be held liable for the seller's part of property taxes if he under paid us at time of sale?

We bought a home in Texas at the end of August 2008. The title company used 2007 property tax rates to determine amount paid to us by seller. 2008 rates ended up being much higher so seller underpaid us $800.00 for his part of property taxes. He is now refusing to pay it. We p...

01/08/2009 | Category » Sales  State » TX  #14945
Is the landlord entitled to legally keep the earnest money since the sale fell through?

I had a lease purchase agreement and put up $5,000.00 earnest money but could not obtain a mortgage and the landlord kept the money. Is he allowed to do that since I had the intent to buy, but could not obtain the mortgage?

02/16/2009 | Category » Sales  State » GA  #15256
How do I assume a nonassumable mortgage?

How do I assume a nonassumable mortgage?

02/18/2009 | Category » Sales  State » CA  #15273
Doing a contract on a house with a balloon payment

My mom currently has a home with a mortgage on it, which I am paying for out of my money. Since I can't deduct these payments, and all the repairs I've done to her property, what can I do to buy the property? We were going to do a 7 year land contract with a balloon payment? Is t...

03/12/2009 | Category » Sales  State » ALL  #15591
How can I ensure that my mother and daughter can purchase my home upon my death?

I own two properties, not paid off. I want to convey the right to purchase the properties to my mother and daughter if I die. How can I do this?

03/17/2009 | Category » Sales  State » WA  #15667
I am still responsible for paying the realtor the commission if we did not use her services?

We signed a buyer contract with a real estate professional for her to represent us as buyers for the purchase of a home. That evening, the real estate professional was expressedly unavailable until the following evening. We, subsequently, found a FSBO home that we were interest...

03/20/2009 | Category » Sales  State » WI  #15705
What agreement do I need to sell commercial property for a seller?

What agreement do I need to sell commercial property for a seller and what do I need to make sure the buyer only deals with me once he knows who the seller is (what is non 800 number as I'm in Canada for ordering by phone)

03/23/2009 | Category » Sales  State » CA  #15731
Is a right of first refusal in Texas legal?

I have a piece of real estate which I sold and retained a right of first refusal. The property has since come up for sale and another buyer has a signed contract with the seller. Included with the contract is exhibit A which reads: If the Optionee advises of its election to e...

03/26/2009 | Category » Sales  State » TX  #15762
What forms are needed for an owner financing of a home?

Seller offered to sale house to me, with 'him caring the mortgage', as appose to Land Contract. What forms and procedures are needed for this?

03/26/2009 | Category » Sales  State » OH  #15778
What form is needed to add me to my sister's home that I have assumed the loan on?

I purchased a home from my sister on 10/1/04. I gave her $5000 down and took over payments. I have been making payments since then to the mortgage company, and the home remains in her name. What legal form do I need to fill out so that I don't lose the home if something were to h...

03/31/2009 | Category » Sales  State » NM  #15828
What forms are needed for me to assume the loan on my father's home?

My father would like to sell me his house. It is appraised at $130,500. We have agreed to purchase it for $100,000. I have given him $25,000 cash. I would like to assume the balance of the loan and transfer the deed to my name. My income allows for me to do this; we would have i...

04/06/2009 | Category » Sales  State » TX  #15898
Does the owner of a real estate LLC have to have a brokers license?

Does the owner of a real estate LLC have to have a brokers license?

04/09/2009 | Category » Sales  State » NY  #15942
What would the mortgage recording requirements be for a loan closing in Georgia?

I work for a community bank in Alabama and we have a loan closing on property located in Georgia. What would the mortgage recording requirements be?

04/28/2009 | Category » Sales  State » GA  #16242
What is needed for me to sell my vacant residential land in another state?

I live in New York , and I want to sell my Florida vacant residential land for cash to someone I know. Can I do this without a lawyer or title company? I have a form called 'Contract For The Sale And Purchase of Real Estate - No Broker - Vacant Residential Land '. It's a multi-st...

04/28/2009 | Category » Sales  State » FL  #16267
If my son and I were both on the deed and we have sold the house, what forms are needed?

My son's name is on the deed to my house. I sold the house in an Agreement for the Deed. I need to assign my son's half of the house to the buyer, but only after the buyer has paid in full. What form can I use?

04/29/2009 | Category » Sales  State » ALL  #16358
What can I do if the purchaser of my home now wants a new contract?

Last year I used your 'Contract for Lease and Mandatory Purchase' to sell my home. The buyer is now unsure that he can qualify for a loan at the end of the agreement and wants to convert our agreement to some type of owner financing. I still have a First Mortgage on the home, whi...

05/05/2009 | Category » Sales  State » CA  #16593
Can I be forced to honor a contract if I was not able to secure financing?

My husband and I put a contract on a second home in South Carolina with both of our names on the contract. Our intention is for one of us to get the financing. If one of us does not qualify for the loan. Will we be able to get out of the contract? Can the agent force us to try an...

05/19/2009 | Category » Sales  State » MD  #16707
What Forms Are Needed To Sell Condo of Deceased in Virginia Contingent on Buyer's Sale of Home?

My mother just died and a purchaser wants to directly (no realtor) buy her condo when his house sells. What forms do I need? Name of forms needed? I'm assuming the big issues are amount of deposit and how long he can reserve our sale till his house sells.

06/10/2009 | Category » Sales  State » VA  #16920
Wher can I find a form to submit to my 401 program for borrowing funds to buy a home?

I am purchasing a manufactured home from an individual and placing it on my property. I need a form to submit to my 401 program for borrowing funds to buy a home. The manufactured home is considered a trailer until it is on the foundation. I need to have a purchase and sales a...

06/23/2009 | Category » Sales  State » ID  #17140
If a Spouse is in Jail, Can I Sell Property Without His Signature?

In the state of Louisiana, if your spouse is incarcerated in state prison, is it legal to sell your home without the spouse's signature or approval?

06/26/2009 | Category » Sales  State » LA  #17204
What Are the Consequences of a Parent Deeding Property to a Child?

My 90 year old father wants to quit-claim his residence to me. What are the legal and tax ramifications, if any?

06/30/2009 | Category » Sales  State » FL  #17256
What Form So I Use For A Seller Financed Home Sale?

I am not sure what form I need to use, we are selling a home and have offered to finance it for a year, with a full buy out at the end of the year. We would like a form that covers the buyer paying for all taxes and insurance on the house. The first years payments would be base...

07/08/2009 | Category » Sales  State » OK  #17394
Can a Noncitizen Own a Home in the United States?

I am a citizen of Bermuda who spent 6 years in Boston in school and have visited MA once a year (and sometimes more) I would like to purchase a condo in MA to use a vacation home. Can I own a home in MA

07/27/2009 | Category » Sales  State » MA  #17831
Who is the Seller When a Life Estate is Sold?

When real estate with a life tenant and a remainderman (both still living) is sold by the life tenant , who is the seller? A warranty deed was signed by both parties.

02/27/2011 | Category » Sales  State » ID  #24309
Can Children Sell Property Still Titled in the Names of Deceased Parents?

My father-in law recently passed away in Oklahoma. (My Mother-in law died 3 months earlier. Nothing was filed for her except death certificates to Social Security etc.) All assets except his home were sold or disposed of before death with power of attorney for both Mom & d...

04/25/2011 | Category » Sales  State » OK  #24709
Can a Non-Citizen purchase Real Property in the Name of a Child?

I am not a US-citizen and not a resident of Salem, MAI would like to buy a condo in Salem, MA.My question is; what is the law in MA for owning a property for non residents and non US citizens.I have a son 3 years old who is a US citizen.Can I buy the condo under his name also?

05/11/2011 | Category » Sales  State » MA  #24808