The Ask the Real Estate Lawyer column by Samuel Tamkin answers your questions about real estate and the law. These helpful articles by Ilyce Glink and real estate attorney Samuel Tamkin cover all sorts of topics, everything from buying a vacation home to selling investment property.
The Pitfalls of Joint Tenants with Right of Survivorship
The Pitfalls of Joint Tenants with Right of Survivorship Stepmother leaves her father, but stays on title as joint tenants with rights of survivorship Q: My father passed away and my stepmom said that I could have the house. My father and my stepmom were married when he died but she left him over seven [...]
Will Tax Reform Kill The Housing Market and Tank Home Prices?
Is the Tax Cuts and Jobs Act going to kill the housing market and tank home prices? With the passage of Tax Reform in the House of Representatives, real estate industry groups have gone on the warpath to prevent legislation they believe is ultimately damaging to real estate. Is tax reform going to kill the [...]
What Homebuyers Should Know About Seller Disclosure
Questions of seller disclosure can be complicated. Here's what homebuyers should know. Q: I have a question about disclosure. My sellers gave me a disclosure statement that said there were no defects in the home. After we moved in and took down some drywall we found big cracks in the basement foundation. We also found [...]
How to Take Legal Action Against a Contractor
Knowing how to take legal action against a contractor can be complicated. To avoid problems, do a lot of research before hiring a contractor. Q: I’d like to find out what legal actions I can take against contractors. I purchased a home that was a fixer-upper and hired a contractor to do the work, but [...]
If a Neighbor Damages Your Condo, Who Makes the Insurance Claim?
You open the door to your condominium after a long day of work, but before you settle in for the night, you notice water dripping from the ceiling and a large discolored spot on your living room carpet. It appears as if a toilet or bathtub belonging to your upstairs neighbor has overflowed, causing damage [...]
Getting a Quit Claim Deed After Divorce
Getting a quitclaim deed after divorce is necessary to remove a spouse's name from the property title and mortgage. Q: When I was married, my wife and I purchased a home with a VA loan. My wife and I later divorced and I was awarded the home in the divorce and it states so in [...]
Problems With Seller Disclosure: Moving a Manufactured Home
If your are having problems with seller disclosure about moving a manufactured home, you may have a legal case against the seller. Q: We have a problem. My son purchased a manufactured home last year at the age of 21 and obtained an FHA mortgage on the home. It appears that he should have never [...]
Dividing Joint Property When Co-owner Died Without a Will
Dividing joint property when a co-owner dies without a will depends on whether title was held in joint-tenancy or tenants in common. Q: I own a home jointly but the other owner passed away without a will. His family has filed a suit to partition and insists that if I don't buy them out they will [...]
How to Divide Inherited Property
How to divide inherited property. There are several ways to divide real estate inheritances without resorting to lawsuits between heirs. Q: I have an interesting situation. My aunt recently died and left behind an estate which includes a luxury condo in Illinois. My aunt had no family of her own, and left 40 percent of [...]
Seller Disclosure Laws May Allow You to Sue for Fraud or Damages
Seller disclosure laws may allow homeowners to sue for fraud or damages of recently purchased house. Home buyers that discover fraud or damages in new home may be allowed to sue under seller disclosure laws. Homeowners should contact a real estate attorney to discover if they can sue for fraud or damages under seller disclosure laws. After purchasing a house and finding damages a homeowner can sue for fraud under seller disclosure laws.