How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54340
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
17027240
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

Purchased a single fam in Detroit MI from a RE management comp,

Customer Question

purchased a single fam in Detroit MI from a RE management comp, who took care of all formalities.
The chosen name for the LLC in FL was rejected. However the deed was recorded on THAT name in MI.
After several weeks of delays Owner signed a QUIT CLAIM DEED from the original nonexistent LLC to a new LLC which was duly recorded in Tallahassee. After 3 months of delay and promises the deed is still not recorded and the Title has not been changed.
Q: Who is responsible for the mistake? (management comp kind of ttook responsibility but there is no result)
Q: what is the solution? How can the owner be made whole?
Thanks for your answer.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Good morning! My name is ***** ***** I look forward to helping you this morning. The RE management company has liability here. As part of the sale, the seller is legally obligated to deliver you clean and clear title. And, in your situation, you have yet to receive title to the property. Also, if you received a title policy, the title insurance company has liability if you don't receive insurable title to the property. I would raise the stakes on them. Send them a certified, return receipt requested letter detailing the situation and demand they record a deed which gives you good, marketable, and insurable title within a very short specific period of time. Inform them that if they do not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Related Real Estate Law Questions