Friday, March 17, 2017

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.

Q: I am my mom's poa. She owns two houses whom I presume I have to transfer the deed to my name and has dementia. how?

She's a will that leaves me with everything but do before she expires, I must transfer the deeds?
Attorney Solution Michael David Birchmore

A: Don't use a quitclaim deed to achieve this. Take legal counsel the current title and ask them to draw up a guarantee dee with rights of survivorship. Do not fool around with this. In the event that you botch it by doing it yourself it will cost you a lot of money to get it straightened out. It is possible to generally get a title done for between $75 and $150.

Q: can I sue my neighbor for lying down in center of road and also for throwing trash in my own garbage can multiple times?

Attorney Answer Adam Studnicki

A: Throwing rubbish might be a crime and there may be civil remedies also. I do not practice in Georgia, so please check with a local lawyer. Please Take Notice: I'm not your lawyer unless we enter into an engagement agreement in writing. This is general information that's given for legal education only. It isn't legal counsel, also it may not work for the specific scenario. It is impossible to appraise a legal issue without review and a comprehensive consultation of most of the relevant facts and files. I strongly encourage you to consult with an area attorney to get legal advice and help with your specific situation at your first convenience. I am licensed to practice law.

Q: How can I get my company (S Corp) to buy my home, in Macon, GA, or is an easy transfer possible?

Lawyer Reply Robert Jason De Groot

A: It's my estimation that you need an attorney for each real estate transaction.

Q: Can a property having a slender be transferred to surviving family member from descendent's estate?

My husband's dad dies. The "will" leaves everything to his stepmother. It has a thin of $50k, although she's now said that he can have a secondary property that was his father's. Does my husband have to get a fresh loan with closing prices and down payment and all, or will there be a way for her to transfer everything and the thin ? We are getting conflicting answers, and having trouble finding this information that is particular online.
Lawyer Reply Terrence H Thorgaard

A: The property is distributed to the stepmother and in the event the probate court finds the will, she is able to convey it to your husband matter to the lien. The owner of the lien may have the capacity to foreclose the lien, in which case he'd need to either loose the property or pay it off.


Q: Our landlord WOn't return our complete security deposit due to "damages."

Damages were there prior to move-in. We were not provided a go-in a move or statement -out statement. We were faced with many other issues in the house (which for a month could be deemed uninhabitable). How do we go about regaining the deposit?
Attorney Solution Paula J. Mcgill

A: In case the landlord refuses to return the deposit, it is possible to sue in small claims court for the return, triple the wrongfully withheld deposit when the landlord is a sizable landlord (10 or more units) or a management company managed the rental property for a charge. Furthermore, you could sue for a decreased value of your lease for the time the dwelling had not been repaired or uninhabitable.

Q: Hello, I am hoping you are well. Just how can a buyer get from a contract that is signed? Diligence and Home inspection.

Tomorrow, we are assumed to close and that I think the buyers are having buyers remorse. We now have a signed contract, and passed home inspection. There are repairs that have to be completed (one left - adding a gutter) which will be don tomorrow. They now are asking for 1500 dollars in closing prices at the last minute, can they get out of this contract?
Lawyer Reply Robert Jason De Groot

A: People believe that whatever question they may ask is enough facts to get a meaningful response, or a fundamental legal question, when, as here, they have not supplied a copy of the contract, plus they frequently ask the questions that are wrong. Get an attorney.

Q: I sold a rental property. When does the new owner take responsibilities for the lease with all the tenant?

In October of 2012, a new tenant moved into the home and I place the house under contract. I shut on the home on November 1, 2012. The tenant moved out in November of 2014. Now the tenant is trying to get me to refund the Deposit (plus another $1,800). I do have accurate documentation of receiving the down payment along with a down payment transfer wasn't listed on the statement that is closure. At what point am I no longer responsible for the lease? Best regards, Dennis
Lawyer Solution Robert Jason De Groot

A: Typically, at close is when the new owner would take over.

Q: We have been married now and are eligibleFor home, what do we need to show with this?

It states we can terminate if we become eligible for home (military service members)
Lawyer Solution Patrick Korody

A: This is really a state law question - you need to go see the base housing office or the foundation legal assistance office. Normally, you have a need for a letter on official letter head which fulfills the requirements of state law.

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