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Georgia real estate disclosure laws in 2017

Q: A tenant's washing machine flooded the unit - is the Renter accountable for paying for the clean-up/repairs?

The Renter had believed she turned it on, had repaired her malfunctioning washing machine and left for many hours. The machine flooded the finished basement area, including 3 rooms, carpeting, padding, floorboards etc....water extraction, carpet pad replacement, floorboard removal, dryout and replacement was needed. Renter maintains she is not liable for the repair bill. I consider that she is responsible since this was her washing machine, not supplied by the owner. Please guide who's right. The lease states tenant as responsible for damages beyond normal wear and tear of a house. That is in Atlanta, GA. Thank you
Lawyer Answer Paula J. Mcgill

A: It was her washing machine and in case you are the landlord, you might have effective case to sue her for damages as an effect of her gear that is malfunctioning. She should have renter's insurance. That is why many leases require tenants to get insurance for problems such as this.

Q: I am my mother's poa. She has dementia and owns two houses whom I believe I need to transfer the title to my name. how?

She's a will that leaves everything to me but do before she expires, I should transfer the titles to me?
Attorney Solution Michael David Birchmore

A: Do not work with a quitclaim deed to do this. Take a lawyer the current deed and ask them to draw up a warranty dee with rights of survivorship. Don't fool around with this. It costs much cash to get it straightened out by doing it yourself in the event you botch it. You'll be able to typically get a deed done for between $75 and $150.

Q: What is the difference between a Deed along with a Title to a property?

Attorney Answer Ben F Meek III

A: A Title is a file that represents the grant of certain rights in and to the property that is identified and is a kind of evidence or muniment of title. "Title" is the bundle of rights the majority of folks think of as possession. The deed to your home should reflect the type of your title (ownership rights) such as, fee simple, a term of years, a life estate, a leasehold, etc. Fee simple means ownership that is entire or about outright. The deed may also reflect co- ownership as well as the particular form of co-ownership, including a cotenancy, tenancy by the entirety (in certain states), or joint tenancy with right of survivorship. Trust it will help.

Q: I sold a rental property. When does the new owner take duties for the lease with all the tenant?

In October of 2012, a fresh tenant moved to the home and I place the house. I closed on the house on November 1, 2012. The renter moved out in November of 2014. Now the tenant is wanting to get me to refund the Deposit (plus another $1,800). I do have a record of receiving the deposit and also a deposit transfer wasn't recorded on the statement that is closing. At what point am I no longer responsible for the lease? Best wishes, Dennis
Attorney Solution Robert Jason De Groot

A: Generally, at close is when the newest owner would take over.

Q: Can a property having a thin be transferred to surviving family member from descendent's estate?

My husband's dad dies. The "will" leaves everything to his stepmother. She has now said that he can possess a secondary property that was his father's, but it has a trim of $50k. Does my husband have to get a fresh loan with all and closing costs and down payment, or will there be a means for her to transfer everything and the lean ? We're getting conflicting responses, and having problem finding this information that is special online.
Attorney Reply Terrence H Thorgaard

A: In the event the probate court finds the will to be valid and also the property is distributed to the stepmother, she can convey it to your husband subject to the lien. Whoever owns the lien could have the ability to foreclose the lien, by which case he'd need to either loose the property or pay off it.

Q: Is a purchaser deal automatic extended seven days following the expiration date of closing?

Lawyer Solution Michael David Birchmore

A: You would need certainly to look to the terms of the contract to ascertain. In case the contract is a typical "GAR" form (GA Association of Realtors), the final time that I looked the contract could mechanically extend upon the request of either party. Beyond the 7 days would need the agreement of all parties to widen.

Q: I've a renter breaking a lease 4 months early to buy a house. So what can the renter fiscally be held liable for?

I do not have one month notice in the lease. Could I hold him liable through the length of his lease in the event the property is unable to be leased by the time he moves out?
Attorney Reply Paula J. Mcgill

A: You can sue for the balance of the lease, if there isn't an early termination provision in the lease. Just make sure when he turns in the keys he realizes that you're taking the keys to secure the house, not as acceptance of his early conclusion.

Q: My father in law passed away without a will. My mother in law's name and his name are both on the deed.

Who legally has my husband and his siblings, my mother in law or ownership/ rights to the home? Or both?
Attorney Answer Dr Kenneth V Zichi J.D.

A: This is determined by HOW both their names were about the deed. It truly is impossible to understand what kind of joint possession who might have a curiosity about the property, and it was without seeing the records. Additionally, it depends on whether or not the children were the children of both spouses, and several other questions you do not reply in your post. The BEST guidance is always to talk to a local probate lawyer to find out how the facts of your situation fit into the law in GA. Don't ASSUME anything, seek an actual legal opinion. -- This response is offered for informational purposes only and doesn't represent legal counsel or make an attorney/client relationship. I'm licensed to practice in Michigan just. Please should you feel you need legal advice, seek competent local legal assistance

Commercial real estate lawyer

Q: Hello, I hope you're well. Just how can a buyer get from a signed contract? After Due Diligence and Home inspection.

Tomorrow we're assumed to close and that I think the buyers are having buyers remorse. We passed home inspection, and have a signed contract. There are repairs that need certainly to be finished (one left - adding a gutter) which will be don tomorrow. They are asking for 1500 dollars in closing costs at the last minute, can they get out of this contract?
Lawyer Response Robert Jason De Groot

A: Folks think that whatever question they may ask is a basic legal question, when, as here, they haven't supplied a duplicate of the contract, or enough facts to get a meaningful answer, and they frequently ask the incorrect questions. Get an attorney immediately.

Q: We have been married now and are eligibleFor housing, what do we need to demonstrate for this?

It states we can terminate if we become qualified for housing (military service members)
Attorney Solution Patrick Korody

A: This really is a state law question - you need to go see the base housing office or the base legal aid office. Usually, you need a letter on official letter head that satisfies with the requirements of state law.


Texas real estate contract law Q&A

Q: My brother was incarcerated and his own wife sold their house and had her exhusband Forge his name what can he do about it

Lawyer Response Kiele Linroth Pace

A: Forgery of Mortgage or a Deed is a State Jail Felony that should be reported to law enforcement. See a family law lawyer about a divorce along with the correct division of the marital assets.

Q: Is my girlfriend entitled to half my property if it's still owed and she has contributed to maintenance and payments?

Before I met her, the property is under my name only and was purchased. I'm filing an eviction suit because she claims she has rights and refuses to leave. To my understanding, she has "tenant" rights, because she dwells here I need to allow her a specific time to vacate the premises and if she still refuses afterward I should follow up with the eviction suit. I am doing that at the moment, but she desires to settle this on our own without being forced to visit court but needs to remain with the property because she says shes en entitled to half... We do not have any kids and I have been divorced from my 1st wife, so I know some info. My ex wife stayed with all the property we bought as married but separate properties were kept out by both. What's going to happen in this particular case if I am not married to my girlfriend and my property is in my name only?
Lawyer Solution Ross F. Tew

A: It seems just like the both of you could sort this out with a mediator's advice. I doubt if she is not paid back for any contributions she's made to the purchase or development of property, she will agree to anything.

Q: My neighbor passed away and I would really like to acquire the property.

My neighbor lived like a hermit. His siblings had nothing to do with him. He has one living daughter he had no contact with. I used to be thinking that if I got in touch together with her, that I really could get the home from her since she's the sole surviving next of kin and it's also my understanding that the property has gone intestate. Which I realize to believe the property belongs to his daughter. Do I just have her sign over the house in my experience or have to get an attorney.
Lawyer Answer Ben F Meek III

A: Unless it goes assuming she was not a joint tenant with her dad she may not have title to the property. She actually is now the only owner and probate might be not needed, if her dad and she were joint tenants with right of survivorship. If her daddy was the only owner -- or even if she was a co-owner but not a joint tenant -- probate almost definitely will likely be required to pass her title that she can sell to you. She can produce a contract beside you to sell the property she expects to inherit, but if you wish to get this done, you had best have a lawyer -- if there are heirs you don't understand about, or if he died with a legal will, her contract with you may not mean much other than a suit. I'd suggest talking about your interest in the house. Then if she's really the legal owner and is willing to sell it to you, hire an attorney to safeguard you having a purchase contract, to verify that you'll be receiving clear title to the property, as well as other legal counsel that is sound. PS: My comments here are offered for information purposes only and aren't legal advice about any possibly applicable law or your particular circumstances. They're not offered to join in, nor intended to create, nor do they create, an attorney-client relationship.

Q: Can I add my daughter as owner of my house in Texas with out her being about the mortgage?

Lawyer Answer Ross F. Tew

A: When you say you need to add her I wonder that which you're wanting to complete. If it is a method to offer her the house after you have passed, you certainly can achieve this in a Will, with a transfer on death deed, or with a deed allowing an increased life estate on your own, normally called a ladybird title. An average mortgage will have a provision when you title the property to someone else without paying the mortgage off, you've defaulted on the mortgage also it may be foreclosed. You definitely need to sit back with an attorney and describe what you intend to execute so she or he is able to assist you to analyze your options.

Q: We transferred it a few feet since the neighbor didn't need to lose the trees and rebuilt a barbed wire fence.

Many years ago we needed to rebuild a barbed wire fence on a 129.5 acre property in Texas. We agreed to split the cost with the neighbor. We were willing to knock the post oak trees that had grown up in the fence line down, but the neighbor wanted to save the trees and offered to move the fence several feet. Now we're attempting to sell the acreage. Likely it is going to need to be studied. Do get the legal description of the property restated and we have to compensate the neighbor for the value of his property? Should this be revealed to possible buyers? The property is situated in Coleman County, TX,.
Attorney Solution Ben F Meek III

A: You could sell the land with the fence over onto the neighbor's property and reveal that fact prominently in your sale doctors. But that raises the issue of having his fence on his new neighbor's land and issue for the buyer about letting it stay there. (However, if the buyer is prepared to take the property under that state, you might sell it that way). In the event the price is right, you happen to be on target along with your concept of purchasing that strip from your own neighbor. Then possess the newest boundary is established by the surveyor and upgrade the metes and bounds in your description that is legal. In case you can't get the strip at a decent price, you may have to move back your fence onto your land. Use an experienced property attorney (and a great surveyor). All the best for you.

Q: I find the house is not in sellers name or our name out after shutting on manufactured home& property. It's in probate

It was sellers dead uncles house. Also determine the realtor told us it was a 2010 version, when in fact it is a 1998. Realtor had 3 acres listed in paper & house, but is to the deed, when only house shut, discovered. What can we do?
Lawyer Answer Ben F Meek III

A: Seems like fraud. Get an attorney. Contact an experienced real estate litigator locally. Many offer free initial consultations.

Q: Just how do I prevent my neighbor from parking in regards to a foot onto my drive?

His vehicle is parked by my neighbor onto my paved drive causing me to have to veer to the proper to avoid my drivers side door from hitting at his vehicle.
Lawyer Answer Peter Munsing

A: You could call the cops. But as a neighbor who appears to be blind or passive competitive, you do not need him to get focused on you. Maybe ask around the neighborhood to discover what this individual's angle is.

Q: My brother is executer of dad's will. The will never went probate. In the will my father stated he wants the

House to go to my brother, me and my dead brother's child. Can my brother sale house without probate? If will has to go thru probate is my signature needed and signature of deceased brother's kid? I consider he's attempting to cut on my neice out of the will. She can fight if she knows what is occurring and is an adult. I do not want to be involved in almost any conflict.
Attorney Response Terry Lynn Garrett

A: The Will needs to be probated while in theory title to the home might be transferred by an Affidavit of Heirship recorded together with the clerk of the county where the property is situated. Texas Estates Code 252.201 demands that a person who owns a Will turn it over to the court clerk when notified of the passing. Ruining or secreting a Will is a criminal offense. If someone asking them, is refusing to get this done or hiring a lawyer to ask them to do this will necessarily place you in conflict together, about what is right, just as your concern is doing now. But this does not automatically imply that you have to be drawn into litigation.

Q: May I get my pre paid rent back (6 months) if I'm breaking lease due to domestic violence? I've a protective order.

I pre paid the entire 12 months in advance but I've just been here 5. I'm needing to move but I can not without my refund of the rent I've paid. I have got police reports and a protective order.
Lawyer Reply Kiele Linroth Pace

A: Only specific types of order that is protective provide you with the right to break a lease. This does not add a magistrate's EPO or a divorce TRO. The facts are here in Texas Property Code 92.016 but that only truly addresses whether or not you've to give 30 days notice and pay for it along with back lease. It doesn't truly address prepaid rent. Hopefully you won't have to sue the landlord for that.

Residential real estate lawyer - Toronto

Q: my father sold his house but the new owner never changed it around to her name can my dad lawfully get the house back?

Attorney Answer Ross F. Tew

A: Maybe, but when he received payment for the sale in the newest owner, he is just inviting a suit by conducting another sale to a different buyer, or by attempting to maintain his ownership of the property.


Pennsylvania real estate law questions

Q: I should have an ex boyfriends name taken from my dwellings deed. Is this expensive? Can I do it myself? Thank you

Attorney Response Mark Scoblionko

A: You need to have an attorney prepare a deed for you and also your ex-husband to sign. That will likely cost in the scope of $250.00, plus or minus. However, if there is a mortgage, the attorney will need to negotiate together with the bank to get its permission to release your ex and prepare a Release in the mortgage. That will cost several hundred dollars more. If he is on the Note along with a participant in the loan, you may probably have to refinance, buy new title insurance, etc. There'll even be a 2% transfer tax on the interest, which can be half the value of the entire property of your ex. In a nutshell, it is a pretty big deal and you will need a lawyer to enable you to get through it.

Q: If you have potential buyers for a home before signing with a realtor, can they be excluded from the listing contract?

The home is in Pennsylvania. I have been told this exclusion is no longer permitted in listing contracts in this state.
Lawyer Answer Peter Munsing

A: I believe you can have them excluded. It's a contract--you can put different things in there. There have to be certain disclosures, but don't see why you can't exclude them.

Q: How do I transfer the deed from my deceased grandparents to my name?

All of my grandparent's children, including my dad, are now deceased. A distant cousin has been taking care of the property and wishes to get rid of it. He approached me several times and asked if I would like to have it. What would I need to do, if I decided to take the house? The house is located in Philadelphia.
Lawyer Answer Mark Scoblionko

A: This is, unfortunately, a complex problem. If the deed is in the names of both grandparents, title would have passed to the surviving grandparent by right of survivorship. An estate would now have to be opened for the surviving grandparent. If there was a Will, the Will would have to be followed. If not, you could be named Administrator. The next question is if your dad or any of your aunts or uncles survived the surviving grandparent or if all of them pre-deceased both grandparents. If any survived, unless there was a Will which provides otherwise, the property would have passed to those survivors. Estates would have to be opened for all of them. The cycle then repeats itself. If there were Wills, they would have to be followed. If there were not, the property would pass to you, your siblings and any cousins who are children of survivors. This is a time consuming and rather expensive process and you would need to consult a lawyer to get through it. There will be estate costs, taxes and legal fees.

Q: Can my family put a time limit on obtaining a mortgage for an estate, even though I am actively looking for one?

I have lived in the house 8 yrs and was paying weekly rent to my mother. She passed away in July 2016 and the executor (sister) wants proof of mortgage by March 1, 2017. I am actively looking for a mortgage but credit score is 9 points to low and might need more time to obtain, couple months at most. I have been paying all expenses to maintain the house since her passing.
Lawyer Answer Peter Munsing

A: The administrator can ask --a lot depends on if you are considered one of the beneficiaries.

Immigration lawyers in Toronto

Q: My brother,dad&I owned property as joint tenants,my dad died in 1995. We now want to change to tenants in common,how?

I want to create a quit claim deed transferring the property from my brother and I as joint tenants to us as tenants in common, but don't know if I need to file an affidavit of some sort to remove our fathers name from the original deed. I also don't know if there needs to be some type of consideration.
Lawyer Answer Mark Scoblionko

A: A new deed would be prepared, referencing the fact that your father has died, and conveying the property from you and your brother as joint tenants to you and your brother as tenants in common. You can simply recite "one dollar" consideration. You should have a lawyer do the new deed for you, but, so long as there is no mortgage or other lien against the property, it should be fairly easy. If there is a mortgage against the property, you would likely need the consent of the bank, which you are not likely to get.

Q: Can we sell the home without any penalties?

We bought my mother in law's home in 2013. We were living with her 2 years at the time when we purchased the home. She had no mortgage. We paid her $100,000 (mortgage). We would like to sell the home and move to a smaller property. Is there any penalties if we were to sell it this year?
Lawyer Answer Peter Munsing

A: If you had it titled in your name no. However you would have to pay off the balance of the mortgage on sale.

Q: I own a home in Albrightsville PA, I have a closing this Friday.

I own a home in Albrightsville PA, I have a closing this Friday 3/10/17. I am married and the home is under my name, now I am selling the home. The buyers title company wants my wife to sign a release form that must be notarized saying she has no interest in the home. The title company is telling me that this is a State law. Do I need to get my wife to sign this form?
Lawyer Answer Brian Lehman

A: Ask them for the statute that requires this. They may be doing it to be super cautious. If your wife does not have an interest, I don't see a problem with her saying she does not.

Q: Can I sell the property i bought to one of the orignal owners in a personal tax sale children who needs to reside there

Lawyer Answer Dr Kenneth V Zichi J.D.

A: You want to iN THE EVENT THAT you own the property you are able to sell it to any adult. A PERSONAL tax sale is mentioned by you nonetheless. To my knowledge there is really no such thing. Taxes are owed to the authorities, and the government cannot sell its tax lien 'in private'.... You might not own the home? Perhaps you have simply purchased some sort of lien? I had reveal a local licensed attorney the paperwork to find out exactly what you possess before you try and sell it!


Questions to ask real estate lawyer from Ruth Baker

Q: Can my neighbor which is the sole entry to my home, and who bought the private road on which I dwell, limit my access?

I live on a triple dead end and possess 4 contiguous houses in the neighborhood while my neighbor's extended family owns 7 contiguous homes, 2 of that have been constructed in the twenty years since we purchased our house from his cousin and the other 3 from his uncle. He purchased the private road which goes only to my houses(and ends in front of my house) from exactly the same uncle and today desires to trade it for a big piece of our original multi-acre lot so he is able to build another house. From what little I recall of real estate law from law school, I've told my husband the neighbor cannot impair the sole use of our property and therefore we don't need to possess the road, particularly as we neither need to give up any land nor encourage another house in our modest neighborhood. I feel this is borderline blackmail. Thank you in advance.
Lawyer Answer Tristan Kenyon Schultz

A: Your recollection is right. Being the law, there are always complexities, but the dominant (first) estate and its particular successors cannot limit or prevent entry to a past authorized servient estate in the event the sole means of access is via the dominant estate. Moving out of English common law, you very likely have a "right of way" easement. If the easement is recorded you have a simple case (in your favor). In the event the easement just isn't recorded, you may have to demonstrate the importance and existence of the easement (from your facts this shouldn't be extremely challenging).

Real estate lawyers - Toronto

Q: I live in a house made of two flats the whole house is infested with bedbugs what can I do?

I've an apartment in New York, and Ive had bed bugs for the past 1.5 years due to the bottom flat in my building having them. My landlord didnt fix the issue and has had someone who's just an area bug man come out 3 times. Ive told her many times over the telephone and in person. She only asks me for my rent and that I keep paying because Im scared she will kick me out. What can I do? Ive needed to block my entire flat of and live simply in my living room and sleep on the floor.
Lawyer Answers Ali Ebrahimzadeh, Esq.

A: See: More information are necessary to give an expert evaluation of your issue. The best first step is a First Consultation having an Attorney. It's possible for you to read more about me, my qualifications, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in these areas of law: Criminal Defense, Divorce & Child Custody & Contracts, Business, and Education Law. This solution does not represent legal advice; make any forecasts, guarantees, or warranties; or create any Attorney-Client relationship

Q: I rent out my basement and own a condominium in Indiana. It's a common entrance. Do I need any type of license or renters ins?

I live in this condo. I have roommates in the cellar who don't have a written lease with me. Just verbal.
Attorney Reply Alexander Florian Steciuch

A: It's going to depend your geographical area. There's no statewide renter system or database. Some cities require all rental units of their jurisdiction to be registered. By way of example, Bloomington requires your property be registered with all the city and scrutinized if you're renting out rooms or the property to other people. Is your condominium part of condominium association or a housing association? They might have significantly more rules regulating renters which you would have to abide by if you're a part of this kind of association. As a general rule of thumb, it's always a good thought to possess insurance to cover damage to the home and it's clever of any renters to possess renter's insurance in case of burglary, larceny, fire, etc.. Finally, get your renter's lease deal in writing. In a few situations its crucial so that you can own an enforceable contract determined by the duration of the lease but in every instance having something signed and in writing is preferable over a verbal contract. It gives the court something if you ever need certainly to litigate, to analyze and will help protect everyone.

Q: If the town getting ready to deem the house condemned due to the sepetic, can I ask for a continuance on a case eviction

They've 5 health violations and haven't fixed them. Town is taking on those to court as well. Plus defamation of character. They lied to the town saying we're threating them and they want escorts to property. There is quite a bit of thing wrong here but I dont need to spend money only to be put out on the basis of the condemnation.
Attorney Reply Ali Ebrahimzadeh, Esq

A: Why really would you want to stay in a condemned house? Additional information are essential to give a professional analysis of your problem. The best first step is an Initial Consultation with an Attorney. You're able to read more about me, my qualifications, awards, honors, testimonials, and media appearances/ publications on my law practice web site. I practice law in CA, NY, MA, and DC in these areas of law: Criminal Defense, Divorce & Child Custody & Contracts, Company, and Education Law. This response doesn't constitute legal advice; make warranties, guarantees, or any predictions; or create any Attorney-Client relationship.

Q: Could I sell the property i bought to among the orignal owners at a tax sale that is private kids who wants to dwell there

Attorney Answer Dr Kenneth V Zichi J.D.

A: You want to iF you own the property you can sell it to any adult. You mention a tax sale that is PRIVATE nonetheless. To my knowledge there's no such thing. Taxes are owed to the authorities, along with the government cannot sell its tax lien 'in private'.... You may not own the home? Have you ever simply bought some sort of lien? I had demonstrate the paperwork to your local licensed attorney to learn everything you own before you make an effort to sell it! This response is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. In case you feel you need legal counsel, please seek competent local legal assistance!

Q: If I am the only child and my last living parent simply died do I've to go threw probate?

Lawyer Answer Vincent J. Bernabei

A: Your parent's estate may be subject to probate if assets were owned by your parent in their own name at the time of his/her departure, and there's no combined owner nor any named beneficiary on your own parent's account. Examples add a property in your parent's name alone, or a bank account in your parent's name without any payable on death beneficiary named. According to the worth of your parent's assets, there are a few choices to probate. As an example, you might be able to transfer possession of the assets by way of a small estate affidavit as opposed to a formal probate proceeding. That is a a cheaper and much faster procedure than probating the estate.

Q: Does a contract using a management firm survive a sell of property having a fixed lease?

I sold a rental property in November using a fixed lease that had left on the lease with a renter in place. The lease and property are managed by way of a property management company. Property management switched. Rent was paid by the tenant to the management company that was old and the management company deposited cash within my account of rent minus the management fee minus direction fee for the time of unused lease. I agree I should pay. Nonetheless, I do not agree to the sum piece was kept by the management firm. My contract together with the management company says the management business can keep the fee's for the duration of the lease. Since I sold the property, I believe the error is about the newest owner since the contract broke which he bought with all the property when he switched management firms. Is that right?
Attorney Answer Leonard Robert Grefseng

A: When you consented to sell to him, all this should be covered by the contract/purchase agreement you entered into with all the buyer. Get that contract out and examine it to see how things were assumed to be managed. In case the property was sold "subject to" the existing contracts and leases, you are right. Each of the existing contracts would bind the buyer, including the management contract. I presume all this was properly disclosed to the customer. Something is for sure- the rent can't be kept by you.

Q: When you inherit a home that was in a trust, does the tax basis change?

The house is owned by the trust. My mum is the trustee and I'm to get your house upon her passing. I've a duplicate of the trust and will. Without increasing the tax basis of the house can I set the title within my name?
Lawyer Answer Richard Samuel Price

A: In my opinion that you will be talking about the assessed value for property taxes. A transfer of a home from parent to child can be excluded from reassessment for property tax purposes. For the primary residence, there's an unlimited exclusion. For all other property, the exclusion is limited to the very first $1M of value. You must file an application for the exclusion with all the tax assessor within three years of the transfer. In a nutshell, that means that the property taxes should stay the same.

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