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Recent real estate law questions
My condo was totally destroyed by a fire that resulted from
My condo was totally destroyed by a fire that resulted from a lamp that shorted out. The Associations master policy covered the rebuilding of the unit and included the replacement of HVAC, all kitchen cabinets, counter tops, counters, bathroom fixtures, mirrors, lighting fixtures through out the unit, doors, all plumbing fixtures, carpeted stairway and ceramic tiled floor in bathrooms and kitchen. However, they refused to pay for flooring other than the ceramic tile in the kitchen and bathrooms. The unit i purchased new came with wall to wall carpet in the other areas. I had taken out the carpet and replaced it with hardwood flooring. The management company told me at first that the association had passed a bylaw prohibiting hard wood floors being installed in all "B" units. I have a B unit. However, I checked the recorded dec and bylaws. No such limitation existed. Then I was told that the master policy didn't cover " betterments" installed by the unit owner. However, I installed "granite counter tops which were originally were laminated. They replaced the granite counter tops that i had installed. but would not give me credit for carpet or the hardwood flooring which i had to pay for. the dec. says nothing about "improvements and betterments"I had to lay out over $13000 for flooring. do i have a case against the Association or the ins. co.
I did contractor work apartment community in Texas...was not
I did contractor work for an apartment community in Texas...was not paid in full...property sold and its been a year and am still owed over $3000...how can I get my money that is owed from the previous owner...I have been reaching out to the previous owners office and lawyer in New York all this time and no response.
The I R S classifies real estate agents as statutory
The I R S classifies real estate agents as statutory non-employees and an Independent Contractor only as it relates to Federal Income Tax. My question is: Can a company registered with the State as a Limited Liability Company and also registered with the State Real Estate Commission as an LLC be classified the same as a single agent? The LLC has 2 managing members , one of which is not a licensed real estate agent. The other managing member is a licensed broker/agent.
The condo CC&R's provides:" The association
The condo CC&R's provides:" The association shall provide exterior maintenance of each containing units only as follows: paint, maintain, repair and replace(if because of normal wear, tear or deterioration...) roofs, gutters, downspouts and exterior building surfaces, patios, railings and fences......"The units typically have doors leading from the living rooms to elevated outside patios having wood decks, railings and stairs enabling passage to the lower gardens. Such decks,railings, and stairs typically have rot which have been repaired by the HOA for the past 30years. The HOA proposes to delete the provision relating to " patios, railings and fences "The HOA now has several requests for repairs of patios, railings and fences. If CC&R amendment/deletion is adopted does the HOA have any obligation as to pending requests for repairs.
I was in a contract with a construction company to build me
Hello. I was in a contract with a construction company to build me a house a year ago. 2 weeks before the closing, my spouse had a major medical emergency involving her heart. This event took my attention and I was not available to anyone for about 5 days. One week before the closing, my lender called me that they were behind due to case load and needed more time and asked me to ask the builder for a week extension on the closing. When I asked, the builder terminated my contract and kept my earnest money which was $6000. They terminated on April 24, 2015 and the loan commitment date on our contract was April 29, 2015. They still refuse to return my money. Are they allowed to keep it?
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I am in the process of refinancing my 1920-era home withView more real estate law questions
I am in the process of refinancing my 1920-era home with cash out. The proceeds will go to improvements, ones that affect the value of my home. The front porch is in disrepair. The siding with peeling lead paint needs to replaced, among other things. (These issues appeared in one season.) Any lender would want an appraisal. I am terrified of an appraisal. Comparable homes in my neighborhood are selling for what I think it is worth. But these homes need no major work and have lovely curb appeal. My home looks, well, sad and neglected. The interior is excellent though.How much would the condition of my home as described affect an appraisal?Another thing, since the discovery of peeling exterior paint, my 2-year-old and I have been staying elsewhere. A friend is occupying my home, as I do not want it vacant and he will not chew on lead paint chips. One lender told me that if I am not currently residing in my home, it is considered an "investment property," and a higher interest rate would apply. Cash-out would not be an option either. Is this true? We plan to move back in a week or two after close (after the contractor is paid and takes care of the lead).Is it wise to apply for a HELOC in case the cash-out refi does not work out?
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