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I am in the process of buying a home once occupied by a

I am in the process of buying a home once occupied by a senior man that passed away. I was assured by the real estate agent that the man passed away at a hospital, not in the home. I found out today, by doing a little searching (purchased a report and looked up his obit), that he in fact DID die in the home. I live in the state of IL. Is the agent liable at all. I am very upset that she looked me in the eye and lied.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,172 satisfied customers
I am a license real estate agent in California, and I have a

I am a license real estate agent in California, and I have a client who owns a property in Texas. They asked for my help with the sale paperwork. I will not be charging a commission. Is it OK to use a California Association of Realtors transaction form for a transaction taking place in Texas (or any state other than California for that matter).

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J. Warren

Attorney

Doctoral Degree

4,152 satisfied customers
My question is about real estate law in Connecticut. I

My question is about real estate law in Connecticut. I recently (September 2016) purchased a two family home as an investment. After the closing, I learned that one of the tenants has no heat in the upstairs bedrooms. There are no baseboard heaters on that floor at all except for the bathroom. This is a costly repair.This tenant rented the apartment in February from the previous owner but lived with the heat problem for the winter because they needed a place to live. The inspector I hired didn't catch the problem with the heat. The realtor who represented the seller was also the person who rented the apartment to the tenant back in February, so he clearly knew about the problem. I realize I can sue the inspector for this, but what about the seller's realtor? I think it was fraudulent for him to not mention this, especially knowing my intent was to rent the apartment. Clearly this has a huge negative effect on my ability to rent this apartment to a tenant.I appreciate your help.

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RealEstateAnswer

Juris Doctor

30,462 satisfied customers
What is my recourse and can attorney fees be added to the

What is my recourse and can attorney fees be added to the claim in order to properly position the case?

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CalAttorney2

Attorney

Doctoral Degree

20,178 satisfied customers
My listing agent and I are having a disputed on our

My listing agent and I are having a disputed on our Residential Listing Agreement- Exclusive Authorization and Right to Sell. I procured a possible buyer (my old friend) on my own before signing the agreement but did not exclude him in the Listing Agreement. The broker knew that I was planning on a for sale by owner to my friend but I was naieve to sign an exclusive listing contract with her thinking it pertained just to other brokers. My broker demands exclusivity of the listing and a commission rate at the close. The rate will entitle her to $12,000 if I get my asking price. Listing agreement is for 12 months.She also said that if I decide to do a for sale by owner with the possible buyer/my friend found before the agreement, she will charge me $2500 to handle the paperwork or if I chose not to have her involved at all. She is basically threatening me that she wants compensation due to the exclusive listing and wants $$$ regardless if she finds the buyer on her own or not. The listing is temporarily withdrawn due to our dispute but the broker has not forgotten that she is entitled to $$ if as she says I do the for sale by owner behind her back.I'm not planning on working with a new agent/broker to look for potential buyers. I would possibly like to continue the for sale by owner process with my friend and accept paying the $2,500 payment to the broker if the sale does close.My question is, do I need to disclose this during the sale process to my broker. Since it's not guaranteed that my friends fha loan will meet the underwriting guidelines of the sale, I am afraid of paying $2,500 regardless of the sale closing or not. Do I list the $2,500 payment to the broker on escrow or do I write her office a personal check after the close? Can the broker find out about this sale other than me telling her?

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RealEstateAnswer

Juris Doctor

30,462 satisfied customers
I signed a California Association of Realtors Residential

I signed a California Association of Realtors Residential Listing Agreement- Exclusive Authorization and Right to Sell Form and changed my mind about selling the property less than 24 hours after signing. However, the broker will not work with me to terminate the agreement even after telling her the property is not for sale and to withdraw the listing. The contract is good for one year and she's holding me to it. She is unethical and won't compromise even though I am unhappy and don't trust her.However, this is not my primary residence. It is tenant occupied and I have been earning rental income on this property and paying taxes on rental income of the property for 5 years. Shouldn't I have signed the Commecial, residential income non-owner occupied listing agreement instead? What are my rights? Does this void the residential listing agreement since it is not my residence?

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CalAttorney2

Attorney

Doctoral Degree

20,178 satisfied customers
I signed a one year Exclusive Listing Agreement for my

I signed a one year Exclusive Listing Agreement for my rental property in California and changed my mind to put my house for sale after one day. The Listing agent did not take it off the market for a day even after I asked her to. After 3 days, I sent an email and the listing was withdrawn from MLS. I told my Broker again that the property is not for sale but she won't terminate my agreement contract til it expires in a year. It has only been 5 days since I signed the contract. Broker says that if the house is truly not for sale, why does it matter if she does not cancel the listing agreement?My question is, can I terminate the contact due to abandonment if the property is still withdrawn from the market 3 months from now? Will the broker be violating any code of ethics as a licensed realtor? What effect will it have if I file a claim with the department of real estate?

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37,966 satisfied customers
Short Version) We live in a town home with an HOA. They have

Short Version) We live in a town home with an HOA. They have replaced the brick fence that surrounds our property in the back and now they are charging us for it. Can they do that. It is in a limited common area.JA: Because real estate law varies from place to place, can you tell me what state the association is in?Customer: UtahJA: Has any paperwork been filed?Customer: You mean with the state? As far as CC&R's?JA: Anything else you want the lawyer to know before I connect you?Customer: Are you a computer?JA: No. I'm the Real Estate Lawyer's Assistant.Customer: Do you know how much it will cost to get my answer?JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.Customer: Perfect

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Loren

Juris Doctor

37,126 satisfied customers
Thanks for responding. Some more background to help you

Thanks for responding David. Some more background to help you understand a little more. The seller is an investment company and bought the house from an auction sale for $33K, conducted over by the county sheriff on govt. orders confiscated from the dead man's family trust, since the original owner a dentist, had passed away 4 years ago and had at that time owed IRS $1.2M in debt and that showed up on the house in 3 different liens : 1) $500K 2) $300K & 3) $300K. Now the seller is trying to get the two liens non-attached / waived off by IRS and the third one at closing since i offered $660K for the house purchase. I am attaching the latest response from Seller and my response to that, but he's choosing to not respond. We're past the official closing date of 16th Sep and the seller is in breach of contract.I can wait for the house as long as required but realistically don't want the seller to know that. What chances are there for the IRS liens to be removed and by when?Need more clarity on my thought process in the worst case. If i want to sue the seller for damages in a superior court, based on the case history of what i've shared so far with you, can you give me a rough idea of what are the min. time and costs to expect? I need to understand what do i stand to gain in that case. Would i be able to force seller to sell the house and also pay substantial damages e.g., somewhere between $10-20K? What would be the typical attorney fees? I know these are all very specific questions. But since i've never experienced this situation before i want to understand some estimates even if they're very wild estimates. I know i could put a Lis Pendens while the court decides and goto a small claims court but that would only get me $4K in damages and no guarantee of getting the house still. Thanks

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David Stewart

Vice President Legal Affairs

Juris Doctor

186 satisfied customers
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