If you do not have any reasonable alternative for entering and exiting your property other than going across your neighbor’s property, you have an easement for right-of-way. An easement means the right to make affirmative use of another’s property.→ Read More
General Home Buying and Selling Questions
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Can a listing agent continue to show homes even after it’s under contract, approved, and a closing date is set?
A listing agent may be able to continue to show a home to prospective buyers, depending on the agreement that the listing agent has with the person selling the house. Until the buyer actually owns the home and ownership has transferred to him, the buyer doesn’t have any legal right to control what is or is not done with the property. Thus, if the current owners and sellers want the agent to keep showing the property in case things fall through, this is legally permissible.→ Read More
I own a property site with my sister who is living in it rent-free. She is not interested in purchasing my half. I’m not getting any use or value from the property as is. What are my options?
If your sister is unwilling to sell the property voluntarily or to pay you for your half, your best option is to sue for partition. Of course, before you rush to legal action, you may want to try working things out with your sister on your own and trying to come to some type of an agreement.→ Read More
Although many people buy and sell houses each year on their own, it is a good idea to have an attorney represent your interests when you are buying or selling a house. An attorney who has experience in real estate can help you to draw up a contract that can be sure all contingencies have been considered. The real estate agent will be trying to get the deal done, so as to receive his/her commission, so it is good to have someone who specifically represents you, whether you are the buyer or the seller.→ Read More
I live in a state that permits real estate agents to prepare purchase contracts for their clients. Under what circumstances should I consider having an attorney eyeball the purchase transaction?
Discussion of when attorney is needed to review real estate purchase contracts prepared by agent.→ Read More
If there’s no security deposit, or there is one, but it’s inadequate (i.e. too small to cover the damages or unpaid rent), then the landlord’s recourse is to sue the tenants.→ Read More
If the inspection is not satisfactory, can the buyer back out of the deal?→ Read More
What are ‘title insurance’ and ‘mortgage insurance’, and are they necessary?→ Read More
What is the first thing I need to do if I am buying or selling a house?→ Read More
If a home buyer makes an offer on a house, is she bound to it? If a home seller accepts an offer, can he change his mind?
A home buyer can withdraw an offer at any time until the offer is accepted by the home seller. After that, the seller may owe a commission to the broker, and may sue the buyer for breach of contract to recover the cost of that commission. If the seller changes her mind after accepting an offer, especially if the terms of the listing agreement have been met, she usually still owes the broker a commission.→ Read More
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