Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What home inspection items and repairs qualify for the

estate to pay when one...
What home inspection items and repairs qualify for the estate to pay when one sibling "buys" the other sibling's share of the house? Buy is in quotations because the estate will be distributed, with one sibling receiving her share of the house in cash and the other receiving the house and less cash. Also, should the septic system and well be tested?
Repair issues pre-dating death of parent:
Roof and Rotted wood on the bay windows which the homeowners insurance company demanded to be fixed in order to keep the insurance policy
Flood stains and lime leach on the basement walls due to prior floods
Wood rot on garage trim and doors
Dead tree removal
Property grading not up to code
Front and back steps not up to code
Cracked driveway -needing resealing
Numerous smaller issues
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
3/13/2018
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,394
Experience: Real Estate Attorney with over 25 years experience
Verified

H​ello. Let me see if I can assist. Most estate sales of real property are done in an "AS-IS" condition when being sold by the estate to pay out to the beneficiaries. Why should the distribution of the house to one of the siblings allow for a claw back for repairs? The sibling should agree to accept the house AS-IS at its fair market value based on its AS-IS condition. the estate and other beneficiaries should only agree to the distribution of the house in an AS-IS condition. Otherwise, the estate should sell the house in the open real estate market in its AS-IS condition and then distribute the proceeds to the heirs.

Have I answered all your questions?
If so, please be sure to accept my response and post a positive 5-star rating.

Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,394
Experience: Real Estate Attorney with over 25 years experience
Verified
Lori and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Oh I see. Thank you. This is the case even when repair issues are not evaluated in an appraisal, and one even had an estimate for repair before our father passed away?
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 124
Verified
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lori Your Own Question
Lori
Lori
Lori, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,394
2,394 Satisfied Customers
Experience: Real Estate Attorney with over 25 years experience

Lori 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I have a house in the City of El Cajon in San Diego county
I have a house in the City of El Cajon in San Diego county in California and my neighbors behind my house have many very tall eucalyptus trees with large branches, some of which have been falling on m… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
My daughter bought a house in September 2016 and used a
My daughter bought a house in September 2016 and used a realtor to find the house. I dont know what realtor company she used. The inspector her realtor recommended had approved dry basement and that t… read more
KLAW
KLAW
Juris Doctorate
2,381 satisfied customers
How can we determine a good value for selling our house as
How can we determine a good value for selling our house as is after a major flood? We really might want to sell and just take that money to get another smaller home.… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
We live in Indiana. We signed a contract with option to buy.
We live in Indiana. We signed a contract for rent with option to buy. The contract said that the renter/buyer was responsible for repairs/upgrades/remodeling. The contract also said the landlord was t… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
I am currently in a lease-purchase agreement. Before signing
I am currently in a lease-purchase agreement. Before signing the agreement I had the property inspected by a licensed home inspector and appraised by a licensed real estate agent / appraiser. The home… read more
socrateaser
socrateaser
1,031 satisfied customers
I just closed on a house with a VA loan and found water damage
I just closed on a house with a VA loan and found water damage under a carpet in an exposed basement. On the disclosure statement the seller said there was a possibility of flooding with "heavy rainfa… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
The previous owner of our property agreed to repair/replace
The previous owner of our property agreed to repair/replace the roof before we closed as it was old and uninsurable . They provided our lender with a paid invoice showing the work was done by a reputa… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I have selling my house in Texas on an as is basis. I have
I have selling my house in Texas on an as is basis. I have had a mold test and there was some mold in the house, I went ahead and got remediation bids. Since I am 68 yrs old I decided that I did not w… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
My neighbors trees roote have grown under my driveway & damaged
My neighbor's trees roote have grown under my driveway & damaged it. The roots have caused cracks & in places have raised the cement as much as 5 inches. The roots are large and you can clearly see wh… read more
BartEsq
BartEsq
Attorney
Doctoral Degree
674 satisfied customers
My father died in oct.2002, my sister was the personal rep
My father died in oct.2002, my sister was the personal rep for the family, the house was to be given to me,now she wants me 2 buy her out. Since 2002 I've paid all the taxes on the home and ground ren… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
Hello. I am from Pa. I made settlement on a new home in February
Hello. I am from Pa. I made settlement on a new home in February 2002. Recently I noticed 2 stains developing and getting larger with each rainfall on 2 different stucco walls. I have had 2 stucco con… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
I am in the 30th month of a lease option to buy contract on
I am in the 30th month of a lease option to buy contract on my home. The contract states that it is a 42 month lease option. We decided on 42 monthes because $1,000 of my $1,100 payment goes toward th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
does the seller have to inform the buyer of a cistern on the
does the seller have to inform the buyer of a cistern on the property? I woke up yesterday and there is a 4 foot wide hole 8 foot deep beside my house.… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Bought a house 2007 for $124K. Seller was a flipper. Septic
Bought a house 2007 for $124K. Seller was a "flipper." Septic inspection failed. As part of closing made seller hire an independent local septic co. (I picked the septic guy but was not the customer i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
what are the laws regarding septic systems and water wells
what are the laws regarding septic systems and water wells on property in Polk county texas. This would be in relation to buying a house on property which already have these installed.… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I need help! I purchased a vacation cabin in Pennsylvania.
I need help! I purchased a vacation cabin in Pennsylvania. The adjacent cabin was sharing the septic system that was on my property that I purchased. I was aware of this when I purchased my cabin. The… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
Bought a house in August. Basement was redone to a finished,
Bought a house in August. Basement was redone to a finished, assisted living space w/ kitchen, bathroom, etc. Disclosure papers checked no moisture or water damage in house. We had it inspected buy an… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
We had a new house built in South Texas in 1997 by a local ...
We had a new house built in South Texas in 1997 by a local builder. It was a custom home with a ceramic tile roof and stucco siding. We have noticed some leaking to a dining room from a second story b… read more
CALawyer
CALawyer
Attorney
Juris Doctor
1,622 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