Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have a complex situation. I purchased a short sale home in…

Customer Question
I have a complex situation...
I have a complex situation. I purchased a short sale home in '09 from a realtor, whos' husband was/is the original developer and manger of the development. The manager and me are the only dwellings in the development. There are several vacant lots. Prior to the purchase we were promised that the main road would be paved and the gate would be operational. These things were advertised as selling points. Since the purchase there have not been any meetings or accountings to my knowledge. The road and gate have not been done. Just after we purchased, the development was dissolved. The manager has requested HOA and water tap fees each year ever since. I have asked him several times about the money that is suppose to be in escrow for the gate and the paving. He says that money is gone. Also, he is using the common area as his own storage and venue for personal parties. It is never available for our use. The common area is deeded in his company name. Earlier this year the roads were in terrible shape. The manager came to me and stated that we can split the bill for the gravel and that will cover the HOA. Recently, he presented a bill that did not reflect what we had discussed. I confronted him about it and he stated that the gravel was an assessment and did not include the HOA. It is really beginning to look like he has shaped everything for his personal benefit and to ultimately obtain our property. What rights/options do we have?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 hours by:
3/10/2016
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,697
Experience: B.A.; M.B.A.; J.D.
Verified

You need to formally request for proper accounting--make a written request for accounting. The manager must account for the funds in escrow and exactly where the funds went. You cannot continue to pay when the payment is not going to pay for the things that the payment was made in the first place.

If you continue to get runaround as to proper accounting and documentation for all money spent, you may have to go to your District Attorney's Office and file embezzlement charges against the manager.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 21,697
21,697 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
The I co-own with a relative is to close escrow tomorrow. I
The I co-own with a relative is to close escrow tomorrow. I have signed all the documents needed to complete the sale inculding the distribution of proceeds 50/50. The co-owner is giving escrow instru… read more
socrateaser
socrateaser
1,031 satisfied customers
We are in escrow, inspection already completed, then a few
We are in escrow, inspection already completed, then a few days after inspection water pipe burst in the kitchen, unclear extent of damage. Our inspection contingency is due in about a week, can we re… read more
socrateaser
socrateaser
1,031 satisfied customers
My parents have closed on a new construction, with an escrow
Good morning. My parents have closed on a new construction, with an escrow holdback. The condition being when the home is completed the escrow will be released. The builder is now refusing to complete… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Virginia HOA issue. Petition sent to HOA Board.Copy sent to
Petition sent to HOA Board.Copy sent to Management Company … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,697 satisfied customers
I JUST RECEIVED A LETTER FROM HOA MGMT THAT THEY ARE
i JUST RECEIVED A LETTER FROM HOA MGMT THAT THEY ARE ASSESSING ALL PROPERTY OWNERS A $1000 DEPOSIT FOR ALL PROPERTIES THAT ARE TENANT OCCUPIED. THIS IS BASED ON AN AMENDMENT TO BYLAWS IN 1983 … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,697 satisfied customers
I have an HOA question. I was out of country when HOA sent
I have an HOA question. I was out of country when HOA sent letters for me to clean mildew off my siding and pressure clean my driveway. They were aware I was out of country because they emailed me a n… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,841 satisfied customers
I indeed have a question, on HOA ,atters. on our HOA. We
Hello ****. I indeed have a question, on HOA ,atters … read more
Lori
Lori
Juris Doctor
1,343 satisfied customers
I'm atheist, and I live on a 55 plus HOA community, My HOA
Hello, I'm atheist, and I live on a 55 plus HOA community, My HOA is conducting a meeting at a church. I really want to go to the meeting because its on my best interest and I want to be updated on my… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
My HOA board granted the HOA president use of platted common
My HOA board granted the HOA president use of platted common area in the attic space located above her unit in violation of the HOA rules that require 67% of the homeowners authorization. The did this… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,556 satisfied customers
Can escrow be opened with individual buyer of property. Then
Can escrow be opened with individual buyer of property. Then right before escrow closes, individual buyer is replaced by a limited partnership. This seems deceptive. As seller does not want to sell to… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
Second opinion] My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,841 satisfied customers
My wife and I is having a problem with our HOA. The HOA and
My wife and I is having a problem with our HOA. The HOA and ACC is trying to enforce bylaws that are not in our HOA declarations. we started a fence privacy project in 2016 we notified the HOA we will… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
A lawsuit was settled concerning Hoa documents, the
a lawsuit was settled concerning Hoa documents, the residents of the HOa were notified by e-mail, no other notification was sent or received. Does that legally inform residents. Our management company… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,841 satisfied customers
I am trying to find out if escrows are handled by the
HI, my name is ***** ***** I am trying to find out if escrows are handled by the attorney in the state of Texas, as I am in California currently and we do not use attorney's for escrow, those are all … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
Regarding an HOA. IS it legal for an HOA to "park" debts
Regarding an HOA. IS it legal for an HOA to "park" debts such as assessment fees, interest charges, recording fees, etc. without any notification to homeowners in any manner for nine months. Then with… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If you have a negative escrow (in california) must they
if you have a negative escrow (in california) must they offer you a time period to pay it off or can they request a lump sum and if you can't pay foreclose? Do most mortgage companies offer a 12 month… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Can individual HOA members be liable for HOA common
Can individual HOA members be liable for HOA common property? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
It is more about HOA. NJ. An attorney for the HOA is
My name is ***** ***** I live in Robbinsville, NJ in Foxmoor Condominiums. I am currently in a legal situation with my HOA for having two small dogs in my unit, one of which is an emotional support dog. In 2014, unbeknownst to me, the HOA changed their rules on having two animals in the home. I believe they basically sent out an email changing this rule. Regardless I was unaware of this. My son and I got a mini dauchound who is our family dog. Just recently, by suggestion of my therapist, I got a personal emotional support dog named Lulu. Within a month I received a letter from the HOA asking me to remove one dog. I responded with a letter from my therapist and I received a response that they would allow the emotional support animal but that they are still enforcing the two animal rule, ultimately they are now asking I get rid of the family dog. If i wanted to fight them on this I have to notify them by Feb. 16th to schedule a mediation.According to HUD, emotional support animals are no considered “pets” but rather companions so I would think my personal emotional support animal would be exempt from being that additional dog in my home.This is huge situation for both myself and my seven year old son and I want to fight them on this but I wanted to inquire if we even stood a chance a success. I would have no problem retaining an attorney if this would help things.… read more
Lori
Lori
Juris Doctor
1,343 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