Friday, March 17, 2017

Legal advice real estate from Ruth Baker

Q: Does a contract having a management firm survive a sell of property having a lease that is given?

I sold a rental property in November having a set lease that had 9 months left on the lease using a renter in place. Property and the lease are managed by a property management company. The newest owner switched property management. The tenant paid rent to the old management company and the management firm deposited money in my account of rent minus the management fee minus management fee for the time of lease that was fresh. I agree the new owner what was deposited into my account should be paid by me. Nonetheless, I do not consent to the sum the management company kept part. My contract with the management firm states the management business can keep the fee's for the length of the lease. Since the property was sold by me, I believe the mistake is around the brand new owner since the contract broke which he purchased using the property when he changed management companies. Is that right?
Attorney Answer Leonard Robert Grefseng

A: When you agreed to sell to him, all this ought to be insured by the contract/purchase agreement you entered into with the buyer. Get that contract out and examine it to see how things were supposed to be managed. When the property was sold "subject to" the present contracts and leases, you are correct. The purchaser could be bound by every one of the present contracts, like the management contract. I suppose all this was correctly disclosed to the customer. One thing is for sure- you can not keep the rent.

Q: When you inherit a house that was in a trust does the tax basis change?

The house is currently owned by the trust. My mom is the trustee and I'm to get your house upon her passing. I've a duplicate of the trust and will. Without raising the tax basis of your house am I able to place the title within my name?
Attorney Answer Richard Samuel Price

A: In my opinion that you will be discussing the assessed value for property taxes. A transport of a property from parent to child might be excluded from reassessment for property tax purposes. For the primary residence, there's an infinite exclusion. For all other property, the exception is restricted to the very first $1M of value. You must file an application for the exclusion with all the tax assessor within three years of the transfer. In a nutshell, that means the property taxes should stay the exact same.

Q: Can my neighbor which is the sole use of my house, and who purchased the private road on which I live, limit my access?

I live on a triple dead end and own 4 contiguous dwellings in the neighborhood while my neighbor's extended family owns 7 contiguous dwellings, 2 of which were constructed in the twenty years since we bought our house from his cousin and the other 3 from his uncle. He bought the private road which goes only to my houses(and ends facing my house) from the same uncle and now needs to trade it for a big piece of our first multi-acre lot so he can build another house. From what little I remember of real-estate law from law school, I've told my husband the neighbor cannot impair the only use of our property and hence we don't need to possess the road, especially as we neither need to give up any land nor encourage another house in our modest area. I think this is blackmail that is borderline. Thank you.
Attorney Reply Tristan Kenyon Schultz

A: Your memory is right. Being the law, there are always complexities, but the dominant (original) estate and its own successors cannot limit or prevent use of a previous authorized servient estate when the only real method of access is via the dominant estate. Going out of English common law, you quite likely have a "right of way" easement. In the event the easement is recorded you have a simple case (in your favor). In case the easement is not recorded, you may have to prove the importance and existence of the easement (from your facts this should not be really challenging).

Q: I reside in a house made of two flats the complete house is infested with bedbugs what should I do?

I've an apartment in Ny, and Ive had bed bugs for the past 1.5 years due to the bottom apartment in my building having them. My landlord didnt fix the trouble and has had someone who's just an area bug man come out 3 times. Ive told her many times over the phone and in person. She just asks me and that I keep paying because Im scared she'll kick me out. What can I do? Ive had to block my whole flat of and live simply within my living room and sleep on the ground.
Attorney Answers Ali Ebrahimzadeh, Esq.

A: See: Additional information are necessary to provide an expert evaluation of your issue. The best first step is an Initial Consultation with an Attorney. You're able to read more about me, my qualifications, awards, honors, testimonials, and media appearances/ publications on my law practice web site. I practice law in CA, NY, MA, and DC in the following regions of law: Criminal Defense, Divorce & Child Custody & Contracts, Company, and Education Law. This solution doesn't represent legal advice; make warranties, guarantees, or any forecasts; or create any Attorney-Client relationship

Q: My neighbor has a camera pointed directly at my front door and bedroom. How to ask them to alter the angle of it?

Weld County Colorado. The camera provides no surveillance of the owners property.
Lawyer Solution Tristan Kenyon Schultz

A: You can just ask the angle to be changed by them. At issue is whether the camera use is an improper invasion of your privacy. You'll find nothing improper using a private bash pointing a camera in the front of someone else's home, while an attorney would have to review all of the specifics. This may be less clear if the camera has the capability to view beyond what an ordinary passerby on the road could see. Colorado as well as the US have quite weak privacy laws (esp. In comparison with continental Europe).

Q: Real estate agent:e-mail before I can call, hacker sends incorrect wiring advice the morning of the closing hacked.

Am I at fault? Florida agent.
Attorney Answers Richard Paul Zaretsky

A: You're definitely on the short end of the incorrect stick - See this link for an article I wrote just with this scenario - where your e-mail was infiltrated using a malware that took control of your e-mail. See this link: YOUR E-MAIL WILL BE WATCHED = YOUR CUSTOMERS VICTIMIZED : THE HACK STORYLINE - (you will most likely have to type this into your address line in your computer.) The aforementioned link is an article that has been copied in The Fund's Real Estate Council magazine and also a few Realtor newsletters. As for obligation, you need to inform your broker, inform your liability carrier (since this can be a problem probably with your personal e-mail, you must advise both your homeowner's insurance along with your professional liability insurance underwriters). I guess the banks for the buyer (who sent the money to the counterfeit cable directions) was advised. It might be that the wire can be recalled by them. Also, the robber in these types of scenarios is normally notoriously careless plus they don't cross their "t's" and dot their "i's" - so the cable may in fact not have successfully gone through. There might likewise be obligation of the party which was to receive the capital - for them not correctly safeguarding the wire directions - if it had been their e-mail which was endangered. Begin with the bank, as it's sensitive. Subsequently the broker and insurance carriers. And all the best.

Q: I rent out my basement and own a condo in Indiana. Itis a common entrance. Do I need any kind of renters or license ins?

I live in this condominium. I 've roommates in the basement who do not have a written lease with me. Only verbal.
Lawyer Response Alexander Florian Steciuch

A: It's going to depend your geographical area. There's no statewide renter system or database. Some cities require all rental units in their jurisdiction to be registered. For example, Bloomington requires that your property scrutinized in case you are renting out rooms or the property to other people and be filed with all the city. Is your condominium a part of condo association or a housing association? They might have more rules regulating renters which you would need to abide by if you're part of this kind of organization. As a general guideline, it really is almost always a smart idea to have insurance to cover damage to the property and it is smart of any renters to possess renter's insurance in case of burglary, larceny, fire, etc.. Eventually, get your renter's lease agreement in writing. In some situations in every instance having something signed and in writing although its crucial so that you can own an enforceable contract determined by the length of the lease is preferable over a verbal contract. It will help protect everyone and provides something to examine if you ever need certainly to litigate to the court.

Real estate lawyers - Toronto, Ontario, Canada. Best residential lawyer

Q: Can I ask for a continuance on a case eviction if the town getting ready to deem the house condemned due to the sepetic

They have not fixed them and have 5 health violations. Town is taking on those to court . Plus defamation of character. They lied saying we're threating them and they want escorts to property. There's quite a bit of thing wrong here but I dont would like to spend money just to be put out on the basis of the disapprobation.
Attorney Reply Ali Ebrahimzadeh, Esq

A: Why would you want to live in a condemned house? More details are crucial to give a specialist analysis of your problem. The best first step is an Initial Consultation having an Attorney. It's possible for you to read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice web site. I practice law in the next areas of law: Education Law & Contracts, Criminal Defense, Divorce & Child Custody, and Business. This answer doesn't constitute legal advice; make any forecasts, guarantees, or warranties; or create any Attorney-Client relationship.

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