Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I had a cleaning company drive into the basketball goal at

our home and break it...
I had a cleaning company drive into the basketball goal at our home and break it in half. They insisted that I let them fix it, and when I declined and wanted a company specific to basketball goals to fix it, they filed an insurance claim. Do I have to wait for the insurance adjuster to come before I can start repairs? I have a used goal arranged to be installed that the cleaning company wouldn't go in half for and refused to pay for the repair. They wanted me to let their handy man do o it instead. I refused because I have no recourse if it fails in 30 days.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 19 minutes by:
7/19/2013
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,790
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. The cleaning company does not get to cause the damage and then define the parameters of how to remediate the situation. If the cleaning company will not accept a settlement that you find acceptable, file a claim against the cleaning company in small claims court. You can do this without a lawyer. Simply the filing of the suit will get the cleaning company to pay you without the hearing. In the meantime, just take pictures of the damages and of everything you do and keep notes and records of the remediation, and proceed to fix the problem in a manner acceptable to you. You don't have to sit and wait for them to settle reasonably. Then, once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.



Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Ask Your Own Real Estate Law Question
Customer reply replied 4 years ago
I have been negotiating with them since Monday. Today, after I made my final offer, I got an email from their insurance company stating an adjuster would contact me Monday. The way I understand your answer is that I can begin the repairs, as long as I document in pics, without waiting for the adjuster. Is that correct?
Second, if they broke the post to the goal and not the backboard and rim, do they only have to replace the pole? The backboard is exclusive the the pole which is at least 10 years old and discontinued? It appears, based on the email from. The insurance company they intend to say they only damaged the pole and therefore get out without replacing the entire pole, backboard, and rim. Is that legal?
Thanks for your reply. Yes, you can proceed with fixing the problem. I would recommend keeping the old pole, backboard and rim if you replace it until the adjuster comes out. And, they don't get to simply fix the pole if it is all one piece basically and you would not be able to put the existing backboard and rim on a new pole. And, even if the insurance company doesn't give you what you want, don't feel dissuaded. They don't get to make up the rules either because they are not exactly unbiased. If you don't like what either of them offer, file your suit. You have the right to be put back in the position you were in before they caused the damage. Under their concept, if they had hurt something on your car that could not be fixed and made the remainder of the car unusable, they could simply pay you for the part damaged. That's not the way it works. They would have to pay for the total value of the car.
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,790
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified
Richard and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Ask Your Own Real Estate Law Question
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55,790
55,790 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I have a judgment on my homestead from a bankruptcy court in
I have a judgment on my homestead from a bankruptcy court in South Carolina. They are moving to take my home. Can they? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I moved in August to Homestead and prepaid rent and a fence
I moved in August to Homestead and prepaid rent and a fence that still is not built 3 months later. I told the landlord to apply the $4k to the rent for November and December and he said no and is mov… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
My landlord is withholding my deposit ($3750) for damage
My landlord is withholding my deposit ($3750) for damage wood flooring caused by a burst pipe under the kitchen sink. He claims that it was caused negligently by a sealed container containing chlorine… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
Missouri homeowner files damage claim with insurance
Missouri homeowner files damage claim with insurance company, and, receives $150,000. Insurance check is written jointly to homeowner & servicer; signed by homeowner and sent to servicer for deposit. … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
A condo that I have a contract on was damaged in hurricane
A condo that I have a contract on was damaged in hurricane Irma. Some water got into the unit through a damaged roof. The sellers got a remediator in there and the result is now a dry condo with missi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Second opinion] I own 52% of the marital homestead. My ex
[Second opinion] I own 52% of the marital homestead. My ex owns 48% via the divorce decree I makert the property. I had 5 realtors visit the property each placing it at it around 1.5M to 1.8M - it has… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
I own 52% of the marital homestead. My ex owns 48% via the
For Legal KnowledgeI own 52% of the marital homestead. My ex owns 48% via the divorce decree I makert the property. I had 5 realtors visit the property each placing it at it around 1.5M to 1.8M - it h… read more
socrateaser
socrateaser
1,031 satisfied customers
In texas, is there a homestead exemption? E.g. if a person
In texas, is there a homestead exemption? E.g. if a person personally guaranteed a business loan, can they be sued and a judgment against them on their primary residence? Thanks!… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Second opinion] PAYING OFF LAND STILL OWE AND HAVE HOMESTEAD
Second opinion] PAYING OFF LAND STILL OWE AND HAVE HOMESTEAD SOMEWHERE ELSE...CAN A CIVIL LIBEL LAWSUIT PUT A LIEN ON BOTH AND FORECLOSE ON BOTH AND EVICT US OFF THE PROPERTIES… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
PAYING OFF LAND STILL OWE AND HAVE HOMESTEAD SOMEWHERE
PAYING OFF LAND STILL OWE AND HAVE HOMESTEAD SOMEWHERE ELSE...CAN A CIVIL LIBEL LAWSUIT PUT A LIEN ON BOTH AND FORECLOSE ON BOTH AND EVICT US OFF THE PROPERTIES… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
What papers do i need for the homestead sign up in Delray
what papers do i need for the homestead sign up in Delray beach, florida? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
L. Does one party to a homestead held in joint tenancy have
l. Does one party to a homestead held in joint tenancy have the right to change his portion of the property to tenants in common without notice and permission to/by the other party? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Quick question on Illinois homestead law I am selling a
Quick question on Illinois homestead law I am selling a property that I am the only one on the title. My wife and I lived in the property that I am now selling. She now is living out of the country and will not be here when closing occurs. What do I need to close so that there is no issue with homestead rights? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can anyone else other than you claim homestead interest
Can anyone else other than you claim homestead interest !!yes or no … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
When a person inherits property with a home (no homestead
When a person inherits property with a home (no homestead exemption), do they qualify for over 65 yr exemption? Would they be required to pay school district tax in Bexar county, if they are over 65 y… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,877 satisfied customers
I went homestead on our home what I would like to know are
I went homestead on our home what I would like to know are we all still ok if anyone of us went in to a nursing home? … read more
Damien Bosco
Damien Bosco
2,990 satisfied customers
A homestead with a duplex on it is not probated after owners
A homestead with a duplex on it is not probated after owners death some forty years ago. The family continues to live on the homestead. A grandson of last deeded owner has lived on the homestead since… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x