Friday, March 17, 2017

Ask real estate questions from Ruth Baker

Q: Real estate agent:email hacked, hacker sends the morning of the closure to wrong wiring advice before I can call.

Am I at fault? Florida broker.
Attorney Replies Richard Paul Zaretsky

A: You are definitely on the short end of the stick that is incorrect - See this link for an article I wrote just on this particular scenario - where your email was infiltrated with a malware that took control of your email. See this link: YOUR EMAIL IS BEING VIEWED = YOUR CUSTOMERS VICTIMIZED : THE HACK STORY - (you'll probably need to type this into your address line in your pc.) The aforementioned link is an article that has been replicated in some Realtor newsletters and also the Property Council magazine of The Fund. As for indebtedness, you have to inform your broker, inform your liability insurance company (since this is an issue probably together with your personal email, you need to inform 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 wire instructions) was advised. It could possibly be that the wire can be recalled by them. Also, the burglar in these scenarios is normally notoriously haphazard plus they do not cross their "t's" and scatter their "i's" - so the cable may in fact not have successfully gone through. There may even be liability of the party that has been to have the capital - for them not correctly safeguarding the wire directions - if it absolutely was their e-mail that was endangered. Start with the bank, as it's time sensitive. Then the broker and insurance carriers. And best of luck.


Q: Can my neighbor who purchased the private road on which I reside, and which is the only real access to my house, restrict my access?

I live on a triple dead end and own 4 contiguous houses in the neighborhood while my neighbor's extended family possesses 7 contiguous dwellings, 2 of which were built in the twenty years since we purchased our home 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 today needs to trade it for a big piece of our original multi-acre parcel so he can construct another house. From what little I recall of real estate law from law school, I have told my husband the neighbor cannot impair the sole access to our property and so we do not need to own the road, especially as we neither need to give up any land nor encourage another house in our modest neighborhood. I feel this is blackmail that is borderline. Thank you.
Attorney Response Tristan Kenyon Schultz

A: Your recollection is right. Being the law, there are always complexities, but the dominant (original) estate and its own successors cannot confine or prevent entry to a past authorized servient estate when the sole way of access is via the dominant estate. Going out of English common law, you very likely have a "right of way" easement. In case the easement is recorded you've a simple case (in your benefit). In the event the easement is just not recorded, you may have to prove the importance and existence of the easement (from your facts this should not be extremely challenging).

Pennsylvania real property law Q&A

Q: This Friday, I own a house in Albrightsville PA, I got a closing.

I own a home in Albrightsville PA, I got a close this Friday 3/10/17. I'm married as well as the home is under my name I'm selling the house. The buyers title firm needs my wife to sign a release form that has to be notarized saying she doesn't have an interest in your home. The title company is telling me that this really is a State law. Do I have to get my wife?
Attorney Answer Brian Lehman

A: Question them for the statute that requires this. They could do it to be cautious. I actually don't see a problem with her saying she does not in case your wife does not have an interest.

Mississauga real estate lawyer

Q: Can they be excluded from the listing contract before signing having a realtor, for those who have potential buyers to get a home?

The dwelling is in Pennsylvania. I have already been told this exclusion is really no longer permitted in listing contracts in this state.
Attorney Solution Peter Munsing

A: I consider you can have them excluded. It is a contract--you are able to set things that are different in there. Do not see they can't be excluded by you, although there have to be specific disclosures.

Texas real estate law questions

Q: Is my girlfriend entitled to half my property when it is owed and she's contributed to upkeep and payments?

Before I met her, the property is under my name only and was purchased. I am filing an eviction suit because she refuses to leave and maintains she's rights. To my understanding, she has "renter" rights, because she resides here I need to allow her a specific time to vacate the premises and if she still refuses then I should follow up with the eviction suit. I will be doing that at the present time, but she needs to settle this on our own without being forced to visit court but needs to stay with the property because she says shes en entitled to half... We do not have any children together and I have been divorced from my 1st wife, so some info is known by me. My ex wife stayed together with the property we bought as wed but both kept separate properties out. What will happen in this case my property is in my name only and if I am not wed to my girlfriend?
Lawyer Answer Ross F. Tew

A: It sounds just like the both of you could sort this out using a mediator's input. I doubt if she is not paid back, at least in part, for any contributions she has made to the purchase or improvement of property she'll agree to anything.

Q: How do you prevent my neighbor from parking about a foot onto my driveway?

His vehicle is parked by my neighbor onto my paved driveway causing me to must veer to the best to prevent my drivers side door from hitting at his vehicle.
Attorney Reply Peter Munsing

A: You could call the cops. However, as a neighbor who appears to be passive aggressive or blind, you do not want him to get focused on you. Perhaps ask across the locality to find out what this individual's angle is.

Georgia real estate disclosure laws in 2017

Q: A tenant's washing machine flooded the unit - is the Renter accountable for paying for the cleaning/repairs?

The Renter had thought she'd repaired her malfunctioning washing machine, turned it on and left for several hours. The machine flooded the finished basement area, including 3 rooms, carpeting, padding, floorboards etc....water extraction, carpet pad replacing, floorboard removal, dryout and replacement was needed. Renter maintains she is not accountable for the repair invoice. I consider that she's responsible since this was her washing machine, not provided by the owner. Please guide who's correct. The lease states renter responsible for damages beyond ordinary wear and tear of a house. This really is in Atlanta, GA. Thank you
Lawyer Solution Paula J. Mcgill

A: If you're the landlord and it was her washing machine, you might have effective case to sue her for damages as an effect of her equipment that is malfunctioning. She should have renter's insurance. This really is why a lot of leases require tenants to get insurance for problems like this.

Q: What is the difference between a Deed and also a Title to a house?

Lawyer Solution Ben F Meek III

A: A Title is a file which is a sort of muniment or signs of title and reveals the grant of specific rights in and to the identified property. "Title" is the bundle of rights a lot of folks think of as possession. The deed to your house should reflect the nature of your title (ownership rights) such as, fee simple, a period of years, a life estate, a leasehold, etc. Fee simple means about outright or possession that is whole. The title can also represent co- possession as well as the precise form of co-ownership, like a cotenancy, tenancy by the entirety (in a few states), or joint tenancy with right of survivorship. Hope this can help.