Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My wife and I were in the process of closing on a

Customer Question
Hello, My wife and I were...
Hello,
My wife and I were in the process of closing on a short sell property. After signing the contract with a 10-day option period we proceeded to the next step, which was getting an appraisal and the house inspection. To our surprise we found squatters (March 23, 2016).
Our realtor guaranteed that they would be evicted in 2-3 weeks tops. Unfortunately this was not the case. Our realtor claims the squatters paid $9,000 cash and has a lease a will protecting them. Our realtor also said the constable, owner, and listing agent all met up at the house and the owner said he was not aware of people living in his house. Moreover, the lease at will does not have the owner’s name.
I’m confused because one would think, since the owner claims he has nothing to do with the lease at will that should be enough grounds for trespassing. Regardless, the listing agent and the seller claims they are doing everything they can to get them evicted, but nothing is happening. This is kind of strange to me because they are claiming they are doing all that they can, but nothing is happening.
Also, the lenders dealing with the short sale have agreed to give them money to relocate, but they denied the money. They have water and electricity turned on and I have no idea what their motives are.
5 weeks later (April 27, 2016) our realtor is claiming that the short sale period is over and that the seller will no longer be involved in this process. He is still claiming the property is ours and that we should be patient.
What are our rights? A lawyer that I was talking to said the root of the problem is behind the listing agent. First off, she (listing agent) didn’t check on her property after getting the contracts signed. Secondly, she has no experienced in this situation. She did not seek professional help and delayed the process. Now we are out of the short sale period and the house is in the foreclosure period. Moreover, our signed contract expires April 29, 2016.
Because of the listing agent and seller, my wife and I are suffering. We had to extend our lease and we still have no idea what is going on or what to expect.
All we need to do is get an appraisal and the inspection so we can close on the house. We already completed with underwriting process and got approved. What can we do to get these people out of the house so that we can close? And if our contract expires what can we do? Do we need to hire a lawyer to take over this process? My wife and I don’t trust the realtors and we have a binding contract.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
4/28/2016
Real Estate Lawyer: Ray, Lawyer replied 1 year ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,446
Experience: Texas Attorney for 30 years dealing in real estate
Verified
Hi and welcome to JA. Ray here to help you tonight. Seller is in breach of they cannot give you a vacant house at time of closing.You can seek return of your earnest money here sue under terms of the sales contract.You may consider a local lawyer here if you want to sue for breach of contract.You may seek damages here in such a suit including lawyer fees and costs.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 1 year ago
You the home buyer has certain remedies available if a seller wrongfully fails or refuses to perform the obligations under a contract for the sale of real property, including:money damages for breach of contracttermination of the contract and return of the deposit, plus payment of reasonable expenses, and/orspecific performance of the agreement—in other words, completion of the home sale.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 1 year ago
If you decide to sue here is lawyer referral.. https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_ I appreciate the chance to help you tonight.Thanks again and the best here.
Ask Your Own Real Estate Law Question
Real Estate Lawyer: Ray, Lawyer replied 1 year ago
If you have follow up please just ask. If you can positive rate when we are done it is always much appreciated.
Ask Your Own Real Estate Law Question
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 44,446
44,446 Satisfied Customers
Experience: Texas Attorney for 30 years dealing in real estate

Ray 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

44,446 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
We recently had an appraisal done on our home as part of a
We recently had an appraisal done on our home as part of a refinance. The appraiser used comps that have us questioning whether they were appropriate or not. We own a ten acre horse property in a comm… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I am in a civil lawsuit with real property foreclosure
i am in a civil lawsuit with real property foreclosure against one of the big banks, the first filing was dismissed with prejudice we refiled and was granted in part and denied, the defendants filed s… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I represent myself in a partition case of real property in
I represent myself in a partition case of real property in California Supreme Court. On Nov 13 the judge granted a ‘summary interlocutory motion' to divide the property. This was done in spite of my o… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
Well im refinancing my but the appraiser did my home n the
well im refinancing my but the appraiser did my home n the one next to it.he combined both he said i have a covered patio between the two homes. which takes part of both properties … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help on the appraisal value of condo in Medford MA. I
I need help on the appraisal value of condo in Medford MA. I want to know if the home will likely appraise lower than the purchase price in which case we may end up needing more cash.My agent wants to… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am an appraiser and was called to testify in a divorce
I am an appraiser and was called to testify in a divorce case for a market value appraiser I did on behaf of the wife. The laywer for the husband has asked for all my records. USPAP says that I cannot… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I have a purchase contract on a property. The appraisal
I have a purchase contract on a property. The appraisal revealed the square footage to be significantly less than the buyer advertised ( 2212 vs 1844 ). This changes the sq ft price from 178 to 214. C… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I want to ask a real estate property appraiser some
I want to ask a real estate property appraiser some questions. I cannot seem to find that link … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
West real estate question. Can a bank or appraiser be held
West Virginia real estate question. Can a bank or appraiser be held liable of an appraisal. Basically an appraiser in WV provided the bank an appraisal for several lots on a golf course. The bank used… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
If a real property is for sale and the deed says no family
If a real property is for sale and the deed says no family member can buy or live in the property if another person buys the property can a family member lease or buy the property the property from th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I am interested in bidding on a piece of real property
I am interested in bidding on a piece of real property scheduled to be auctioned by the IRS. The IRS has provided a list of encumbrances on the property including a municipal real estate tax lien and … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
The county appraisal online is showing that my property is
The county appraisal online is showing that my property is listed under someone else should I be concern … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a home that is appraised at 715000 and owe 324000
I have a home that is appraised at 715000 and owe 324000 mortgage on it. We bought it ten years ago at 424k. I am considering buying my spouse out at 50% in a divorce settlement. He can do the same if… read more
Ray
Ray
Lawyer
44,446 satisfied customers
The executrix of an estate wishes to purchase real property
The executrix of an estate wishes to purchase real property from said estate, but is facing a bidding was with a beneficiary. The will states that the executrix has the opportunity to purchase real pr… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
How is like real property exchanged in no. carolina between
How is like real property exchanged in no. carolina between relative where no money is offered and there are no encumbrances on either parcel? … read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,207 satisfied customers
In State of Alabama If a real property owner has a pending
In State of AlabamaIf a real property owner has a pending lawsuit against him as a defendant and sells the real property to a unrelated third party ;does a judgement against the seller real property o… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Who is responsible for damage to real property by adjacent
Who is responsible for damage to real property by adjacent property owner via construction and personal use in the state of South Carolina? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
Can title to real property and ownership of real property
Can title to real property and ownership of real property exist separately between two separate entities?… read more
Michael Gonzalez
Michael Gonzalez
JD
523 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