Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I own a construction company in Nassau County, NY. 4 yeas

Customer Question
ago a bank issued the...
I own a construction company in Nassau County, NY. 4 yeas ago a bank issued the final payment to the company for some insurance work we were performing for the homeowner. the bank made an overpayment error of $6,500. +/- The error was not noticed until 6 months later. The Bank said the matter was their error and could not force me to repay. However, 4 years later the howowner wants me to pay her directly.
Question... does the homeowner have any right to collect the money from me or is her argument with the bank?
Am i obligated to repay the Homeowner for the overpayment when the bank said the matter is closed?
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 minutes by:
2/3/2016
Real Estate Lawyer: KJL LAW, Arbitrator replied 1 year ago
KJL LAW
KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 1,694
Experience: Attorney at Law Office of KJLLAW
Verified

Good afternoon. Based upon the facts you stated, the homeowner could try and file an action for breach of contract, unjust enrichment or fraud against your company. They would have a large burden of proof to prove the case, but they may have enough to at least file an action and engage you in a lengthy court action. There also may be a statute of limitations issue with their potential suit, which would make any claim dismissible. I hope this helps.

Ask Your Own Real Estate Law Question
Ask KJL LAW Your Own Question
KJL LAW
KJL LAW
KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 1,694
1,694 Satisfied Customers
Experience: Attorney at Law Office of KJLLAW

KJL LAW 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
If buying a home with unpermitted construction i.e. an extra
If buying a home with unpermitted construction i.e. an extra family/sun room, will the potential back tax penalty be based off the extra square footage of the house at sale? Will there be any back tax… read more
KJL LAW
KJL LAW
Arbitrator
1,694 satisfied customers
Can the treasury of our homeowners association invest some
Can the treasury of our homeowners association invest some of the money that the association has in CD'S or any other type of investment? … read more
socrateaser
socrateaser
1,031 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
This is a CCRs homeowner related question. I installed a
This is a CCRs homeowner related question. I installed a garage door opener in 2005 and last week (November 6, 2017) the board sent me a letter that I am in violation of the "Prohibition of Noxious Ac… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 satisfied customers
How many homeowners does it take for a community of 361
How many homeowners does it take for a community of 361 homes does it take to abolish an HOA for that specific area … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,511 satisfied customers
We are a construction company in Wisconsin and we are on a
We are a construction company in Wisconsin and we are on a job site and our north property line is parallel to Canadian Pacific Rail road. Our new building foundation is 2'-0" off of the north propert… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
What the heck - is it possible for a homeowner to introduce
What the heck - is it possible for a homeowner to introduce a resolution at an annual meeting. Assume that there is a quorum present and the bylaws allow for a > 50% of votes represented. Can that … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When the homeowners take over the COA from the developer are
When the homeowners take over the COA from the developer are they now responsible for all past taxes on community property, snow removal, plumbers, lift station, well, etc? … read more
Michael Bradley
Michael Bradley
JD
1,131 satisfied customers
I contracted with a construction firm and paid them 90% of
I contracted with a construction firm and paid them 90% of the cost of a bath remodel last January. They *still* have not worked on my house nor provided a start date for doing the work. Can I require… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
We have homeowner filed complaint with DFEH in California
We have homeowner filed complaint with DFEH in California about discriminatory rules then that homeowner became Board member, the Board made exclusive executive session only for that matter (the compl… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
The statue of limitations for a bank to sue a homeowner on a
The statue of limitations for a bank to sue a homeowner on a mortgage loan is 6 years in NY, but when does the 6 years start?Thanks so much… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 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
10,196 satisfied customers
Builder constructed a new home at a higher elevation than
Builder constructed a new home at a higher elevation than mine, and now the rain, the sprinkler and the water from the downspout from the neighbor's new home is flooding my backyard. What recourse do … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
A supposed homeowners association and the new builders that
A supposed homeowners association and the new builders that bought 5 lots went into an agreement to maintain a private road. Since they own the road the Parrish won't help and soon garbage mail or any… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,888 satisfied customers
What is the liability to a homeowners association for
What is the liability to a homeowners association for property that was dedicated to them? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
I previously asked you about an unjust enrichment case in
I previously asked you about an unjust enrichment case in Missouri over my husband putting a mobile home on his parents land 18 years ago then last year giving us an eviction notice and you helped imm… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Unjust enrichment: 18 years ago my husband bought a mobile
Unjust enrichment:18 years ago my husband bought a mobile home and asked parents to put it on their land. They said yes and helped him with footings, plumbing, getting land ready. They have 40 acres a… read more
LegalGems
LegalGems
Juris Doctorate
10,196 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