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Recent real estate law questions

I put a $30000 down payment on a cfd but when I went to file

I put a $30000 down payment on a cfd but when I went to file with the court I found out someone else already had a cfd contract filed. Can I get my down payment back?

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TJ, Esq.

Juris Doctor (JD)

 
10,180 satisfied customers
My daughter bought a home in Henrico last winter during

my daughter bought a home in Henrico Virginia last winter during plant dormant season, with a very large dead tree that poses a danger to the dwelling. Because it was dormant season when she went through the process, it was not eveident to her, her inspector, or her realtor, that the tree was dead. However, it is believed the seller and seller's realtor would have been aware of this problem. During the storm last night, a huge branch fell, not causing damage to structure. My daughter is concerned that if the rest of the tree goes, there is a threat to the dwelling. Does my daughter have any recourse for the seller to do anything about the tree?JA: Real Estate issues can be tricky and expensive. The Real Estate Lawyer will need to help you with this.Customer: Yes?....JA: Have you talked to a lawyer yet?Customer: No. Dont know if there is a case.JA: Anything else you think the lawyer should know?Customer: It would be easy for my daughter's neighbors to have seen the dead tree, if my daughter needed witnesses to prove the tree was dead when the house-flipper seller was renovating the house during plant growing season. When my daughter inquired today, my daughter's realtor told my daughter that in Virginia, sellers dont have to disclose about plants. Im wondering if that would apply, as the tree is a danger to the dwelling.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Loren

Juris Doctor

 
34,688 satisfied customers
We are in the process of trying to pay of the remaining

We are in the process of trying to pay of the remaining balance of our home witch is under contract for deed..come to find out my husband has some judgements against him..we can't do a quit claim. I already asked.Is there any other way I can get him off the contract and deed..there was an option. On writing a letter to the agency where is judgement is from and see if they buy the contract out from underneath us..how long does that company have to decide if they want it or not

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Irwin Law

Juris Doctor JD

 
8,076 satisfied customers
We leased our home in Ga, which was supposed to be a lease

we leased our home in Ga, which was supposed to be a lease option to buy within 6 to 8 months when the lessee sold their commercial business.We now live in Fl and the lessee is refusing to buy and wants to continue to lease the home to pay it off.We want the home out of our name as we are retired and don't need the burden of the bookwork involvedWhat happens if we terminate the lease? What is involved in the sueing ?

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legalgems

Juris Doctorate

 
12,296 satisfied customers
I'm considering purchasing a property using

I'm considering purchasing a property using owner-financing/contract for deed with a payoff in three years. The property belongs to a married woman. Her husband is not on the deed.In checking for liens and chain of title I found that 10 years ago the deed was in both the husband and wife's names. Five years ago, a federal tax lien was filed against the husband. About a week later a quitclaim deed was recorded putting the property in the wife's name.There is no lien that shows up specifically attached to the property (now in the wife's name). Just a record in the clerk's office showing the Federal tax lien on the husband which refers to real and personal property but doesn't list any properties.Does that mean the lien could, at some point, impact the property even if I have paid it off? Meaning I could potentially end up having to pay half of the worth of the house to the IRS if they ever try to collect?

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Alex Esquire

Managing Attorney

Doctoral Degree

 
21,206 satisfied customers
I have created a contract to buy 12+ acres of undeveloped

I have created a contract to buy 12+ acres of undeveloped land in TX from my mother in law. Once this Contract for Deed is executed, (she is self financing), what are the steps I need to follow with the state to make this legally binding and recorded properly with the state?Scott

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legalgems

Juris Doctorate

 
12,296 satisfied customers
I entered into a contract of deed of a bar & grill on March

I entered into a contract of deed of a bar & grill on March of 2011. The seller was to repair the roof & replace the ceiling, sills and wall that had been damaged from this leaking roof. It stated in contract that she would have it done when the weather became warm enough. I was at the bar when her insurance agent was accessing the damages and he said the wall, sills & ceiling would need be replaced. When agent said they could not match the brick paneling so what would you like instead, she ask me what I would like to replace it. She has yet to replace any damage in side and had the roof repaired with spray foam summer of 2011. In 2013 the same spot started leaking only worse than ever. This caused a lot of damage as it looked like a waterfall flowing down the wall and caused ceiling in several other places in the bar. She then had the same company come out and supposedly tear off the old foam and replace it. It was misting and raining the day they did it and when I returned the following day it looked like someone dumped a milk truck of milk in the parking lots and ran down street. This was coming from our roof and I had several people questioning me about it. I called the Foam Company several times leaving messages to return my call and telling them this massive white stuff was running of the roof, with no avail. Now it is 2016 and she has filed a cancellation of contract of deed because my payment for March had not been made on time and property tax for 2015 was not completely paid up. I want to see if I can get this suspended until claims or defense are addressed. She should have to fix damage inside and also actually fix roof and not just put a ban aid on it.Is this grounds to suspend this cancellation and if so how do I file an order county to suspend?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,286 satisfied customers
I'm in Texas and trying to sell house and 30 acres. We have

I'm in Texas and trying to sell house and 30 acres. We have a Mortgage. Several people have called and want owner financing. We have been telling them we can not do that. I talked to the mortgage company and they told me I could. If I do, I would want the payments coming to me and the ability to take back the property. Can I do that? and what would it be called?

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
My property in Georgia is offered with Owner Financing.

My property in Georgia is offered for sale with Owner Financing. When the transfer is complete, the seller signs a warranty deed and the buyer signs a security deed with intent to pay the balance to the seller. Can I sale by Michigan Home under these same conditions.

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Christopher B, Esq.

Attorney

Juris Doctor

 
4,782 satisfied customers
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