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General Real Estate Law Questions
What is real property?
What is owning real property about?
What are some typical restrictions imposed by law on owning real property?
What non-government restrictions are there on the use of my property?
I have an easement on my beach front property and the public is repeatedly cutting across the easement boundaries and walking over my flowers. What is the line between easements and encroachments?
What are some of the common forms of property ownership?
What is the difference between cooperatives and condominiums?
What are time-shares?
What are the risks in owning real property?
How can I protect myself before I sign?
What happens between the time my offer to buy property is accepted and when I actually "close" on the property?
What is a holdover home seller? And how do I get rid of him?
What legally can be done to block a holdover home seller situation?
There has been a delay in the date escrow will close on the house we are selling. The buyers want to move in before the new escrow closing date. Is this a problem if they agree to pay rent?
What kinds of insurance can I buy?
How does homeowner's insurance pay for property damage to my home in the event of a fire, theft, or other disaster?
What is a mortgage and how does it affect my owning real property?
What are the various types of mortgages?
What happens if I cannot make a mortgage payment?
What can protect me for any potential deficiency balance after foreclosure?
What is recording title all about?
Within a short time after buying our home, the heating system failed. It will cost several thousand dollars to replace. The seller wrote "don't know" on the disclosure form, and the home inspector said the system was working fine. Do we have any recourse?
What is eminent domain about?
What is adverse possession?
I have heard the terms "color of title" and "cloud over title". Other than colorful phrases, how do they impact title?
What are real estate syndications?
What tax advantage do I get by owning real property?
What taxes am I subject to on my home?
I sustained water damage at my condo through no fault of my own. The condo association agreed to pay for the damage but now is dragging its feet and giving me reasons why they won’t ante up. Who do I sue for reimbursement and where?
There is a tree located in our back yard that is half on our property and half on our neighbors. Can we cut it down?
What is a quitclaim deed?
My granddad quitclaimed his home to my father with rights of survivorship. The quitclaim was notarized, witnessed, but not filed in the recorder’s office. My grandfather recently died. Is it too late to file?
How can I stop someone from using my residential driveway for commercial purposes? I have a deed to the property.
Is there a difference between a residential and a commercial lease?
Since my spouse died, I was thinking about adding the names of my adult children to my house deed. Is this a good idea?
Buyers
What is an option?
What are contingencies?
What are some things a buyer should look out for when dealing with the purchase of a house?
If a buyer makes an offer on a house, is s/he bound to it? If a seller accepts an offer, can s/he change his/her mind?
How can I protect myself before I sign?
What happens between the time my offer to buy property is accepted and when I actually "close" on the property?
What happens after a buyer and seller agree on a price?
What are some of the things the buyer should be sure to put in the contract?
If the inspection is not satisfactory, can the buyer back out of the deal?
What legal recourse does a buyer or seller have if the other party refuses to close?
I am interested in buying a building but my intended use is not permitted under the local zoning ordinance. What can I do?
A building I am considering is occupied by several commercial tenants. If I buy the building, can I evict them?
The seller is suggesting that we sign a letter of intent before we prepare a contract. Is this a good idea?
If I am buying commercial real estate, what should go into my contract?
Construction contracts
What is construction law?
How can I ensure that the builder doesn’t botch the job?
Is a contractor bound by his written estimate of a job?
What is the best forum to resolve disputes?
I’m looking to renovate my kitchen and bathrooms completely. What clauses should I include in the contract to protect my legal rights?
The contractor won’t complete my home repairs unless I pay more money. I can’t live in an unfinished kitchen, and feel I am over the barrel. What are my options?
Coops and condos
What is the difference between cooperatives and condominiums?
I sustained water damage at my condo through no fault of my own. The condo association agreed to pay for the damage but now is dragging its feet and giving me reasons why they won’t ante up. Who do I sue for reimbursement and where?
Easements
What is an easement?
What is a ‘right of way’?
I have an easement on my beach front property and the public is repeatedly cutting across the easement boundaries and walking over my flowers. What is the line between easements and encroachments?
Our neighbor who has easement rights to his property located behind our home will be shortly selling his property. Do we have any say as to who gets the easement?
Eminent domain
What is ‘eminient domain’?
What is eminent domain about?
Foreclosures
What happens if I cannot pay my mortgage?
How can I protect my personal residence?
What happens if I cannot make a mortgage payment?
What can protect me for any potential deficiency balance after foreclosure?
Will my filing bankruptcy stop a foreclosure?
Injuries
Am I responsible for injuries to anyone who comes onto my property?
Insurance
What kinds of insurance can I buy?
What are "title insurance" and "mortgage insurance", and are they necessary?
What is title insurance and why do I need it?
How does homeowner's insurance pay for property damage to my home in the event of a fire, theft, or other disaster?
What kinds of insurance should I buy for my commercial building?
Mortgages
What is a mortgage?
What is a mortgage and how does it affect my owning real property?
What types of mortgages are there?
What are the various types of mortgages?
What is a reverse mortgage?
What is the difference between a mortgage and a deed of trust?
I am getting muddled on all the types of mortgages available. Any tips on how to choose the right one?
What happens if I cannot pay my mortgage?
What if the value of my home drops? Am I still personally liable on the outstanding mortgage?
Glossary of most commonly used mortgage terms
Neighbors
What can be done about an obnoxious neighbor that pays his music very loud, day and night? The police have tried, but so far nothing has worked.
The roots of a very large tree in the vacant lot next to my house have invaded my property causing foundation problems. The owner of the lot refuses to do anything. Can I remove the tree and charge the owner for costs?
There is a tree located in our back yard that is half on our property and half on our neighbors. Can we cut it down?
Our neighbor who has easement rights to his property located behind our home will be shortly selling his property. Do we have any say as to who gets the easement?
Quitclaim deeds
What is a quitclaim deed?
My granddad quitclaimed his home to my father with rights of survivorship. The quitclaim was notarized, witnessed, but not filed in the recorder’s office. My grandfather recently died. Is it too late to file?
Restrictions on ownership
What are some typical restrictions imposed by law on owning real property?
What non-government restrictions are there on the use of my property?
Syndications
What are real estate syndications?
Taxes
What tax advantage do I get by owning real property?
What taxes am I subject to on my home?
What if the IRS wants to sell my home?
Time shares
What are time-shares?
Title
What is recording title all about?
I have heard the terms "color of title" and "cloud over title". Other than colorful phrases, how do they impact title?
Can a deal go ahead even if there is a defect in the legal title?
How should I take legal title to commercial property?
Ways to hold
What are some of the common forms of property ownership?
Since my spouse died, I was thinking about adding the names of my adult children to my house deed. Is this a good idea?
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