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Real Estate Law Questions

What is real estate law?

Real estate law is the law that governs all kinds of real property or realty. All transactions and contracts about the real property are governed by the real estate law. The real estate law covers a lot of aspects that the common individuals may not know. Given below are popular questions about the real estate law that are asked by individuals.

According to real estate law, what is the best way to terminate a residential real estate contract?

As per the real estate law, the best way to terminate a real estate contract would be to terminate it during the inspection period. If the contract is terminated during this period, the buyer does not have to provide any kind of justification for the termination. He/she may only have to notify the seller of the termination before the end of the inspection.

According to real estate law, would the mortgage on a quit claim deed be illegal if the signature on the grantor and grantee line were not notarized on the same date?

As per real estate law, a mortgage on a quit claim deed would not be considered illegal as long as the signatures of both the grantors were taken and notarized on the same day. In most situations, the signature of the grantee may not even be required legally.

According to real estate law, would the neighbor be held responsible for the flow of water into One’s Property?

The provisions of the real estate law may differ from state to state in the USA. In some states like Alabama, the neighbor may not be held liable for any damage that may be caused to the real estate property by the natural flow of water. However, the neighbor is not allowed to direct water artificially towards the individual’s property. If the neighbor does so, the individual may file a case against the neighbor for the damage that is caused by the flow of water into the property. The individual may sue the neighbor even if the damage is not enough to get a monetary award and they could get an injunction to stop the neighbor from directing water toward their property.

What are the consequences of the breach of a real estate contract?

The consequences of breach of real estate contract may be different for the different states of the USA. In some states like Kentucky, according to the real estate law, if an individual breaches a real estate contract, he/she would lose the earnest money for either liquidated damages or actual damages. The money lost for actual damages would be the difference between the contract price and the actual price at which the property is sold.

According to the Maryland real estate law, what would happen to a property if one of the joint tenants passed away?

As per the real estate law of Maryland, if one of the joint tenants of a property passed away, and there was no reference to the right of survivorship in the deed, the property would automatically be transferred to the tenant who is still alive.

According to the real estate law, can a licensed real estate agent in Florida, secure a rental agreement for a vacation home in the Caribbean?

According to the real estate law, a Florida based licensed real estate agent may not secure a rental agreement for a vacation home in the Caribbean. This is because the Florida real estate law only covers properties in Florida. If an individual wants to secure a rental agreement in the Caribbean, he/she may have to acquire a license to do so. The agent may also contact the respective country in the Caribbean where the property is located to know about their licensing rules. If the country has no rules, he/she may create the contract as a facilitator and not as an agent.

The real estate law could be different for the different states of the USA. There are many aspects and provisions of the real estate law that an individual needs to know about before dealing in any kind of transactions related to real estate property. Having information about the real estate law can help buyers and sellers carry out their real estate transactions smoothly.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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6 Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Real Estate Questions

  • If I default on foreclosure sale does the primary mortgage

    If I default on foreclosure sale does the primary mortgage holder have to pay me anything? I bid on my own property as a stall tactic hoping for money. Primary mortgage holder was back-up bidder. Is that bid still valid or can he just take property? Would trustee have to have another sale if he can not come up with money or does he just get property. Just looking for clarification.
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  • A now x husband and I acquired property as teneants by entireties.

    A now x husband and I acquired property as teneants by entireties. We sold the property Contract for Deed in 2010. We went our separate ways in '11, he presented me w/a handwritten note in 2012 to take an early buy-out under the Contract w/the buyer for his said half of the property, w/the remaining balance to stay in Contract w/me. He wrote 2/11/2012 he had no more claims to the property or money owed me, it would not interrupt the pmts owed me of a balance he and the buyer determined from an amortization schedule. Only he, the x signed the handwritten piece of ppr and had it notarized. I was not aware of this transaction until it was personally handed to me by him. We had lived in a Common Law Marriage State yrs prior to the property purchase. One atty told me he could do what he did, so I simply took the pmts. I could not cash one of the pmts for 12 days in Aug., at which time I also discovered the taxes had not been pd since '11, one piece of the property had been sold in a tax lien. I straightened everything out monetarily, then consulted an atty. The x didn't ever take his name off the property, so I didn't ever receive notice of taxes due. This atty advised me to cash no more chks from the buyer, including the still not pd in full tax chks he sent me when I informed the buyer of delinquency. The atty I hired stated, "Let's get you divorced first, then we'll take care of the property." I gave the atty money upfront for both, he only proceeded in a divorce decree on a default, the property is now in my name, but he filed a formal Motion to Withdraw, however he did not return any funds and even tho' he filed his Motion to Withdraw the same day (it's dated) he recorded the divorce decree telling me we would wait until after the New Year to deal w/the property. I asked him outside the courthouse, "Should I cash the chks or continue to keep them?" He said, "Don't cash them..." Referencing if I were to do so, it would appear I am consenting to the Contract for Deed. So my questions: What I've read, the x couldn't sell his half (as he determined) because of teneants of entireties w/o my consent and signature, was what he and the buyer did illegal. And, the atty knowing he was withdrawing, the property now mine, yet still told me 'not' to cash the chks a rnd about way of telling me the Contract for Deed is void? His reason behind withdraw "...an obscure and little used court rule that allows someone to reactivate a case merely by mailing a petition to a Party's atty of record, and thereby eliminating the need to serve process... clever little trick to exploit a technicality... just some housekeeping to protect both of us." I didn't know I need protection.
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