Landlord Rights: Collecting Unpaid Rent and Property Damage
If there’s no security deposit, or there is one, but it’s inadequate (i.e. too small to cover the damages or unpaid rent), then the landlord’s recourse is to sue the tenants.
→ Read MoreBuy Sell A Home
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Odors and Pollution: Suing for Diminished Value of Your Home or Property
If odors from an identifiable source, such as a landfill pollute your home, and as a result there is a diminution in the value of your home, you can file a lawsuit against the landfill owner for nuisance. Your damages would be the permanent diminution in the value of your property (home and land). Even if your damages are specific, monetary damages may not address the continuing nature of the odors or pollution.
→ Read MoreWhat are “title insurance” and “mortgage insurance”, and are they necessary?
What are ‘title insurance’ and ‘mortgage insurance’, and are they necessary?
→ Read MoreHow Is Residential “Livable Space” Legally Defined and Measured?
Some good ways to find out how livable square feet are measured in your location would be to ask realtors, real estate appraisers, and your municipality’s building department.
→ Read MoreLien Foreclosure Sales
A foreclosure sale takes all liens off a piece of property, whether the lien exists from the mortgage or from a judgment.
→ Read MoreIf the inspection is not satisfactory, can the buyer back out of the deal?
If the inspection is not satisfactory, can the buyer back out of the deal?
→ Read MoreHomeowner’s Closing Process
What happens between the time my offer to buy property is accepted and when I actually ‘close’ on the property?
→ Read MoreContract Options Available When One Spouse Dies Before Completing a Home Sale
If both members of the couple signed the real estate contract, then the contract would still be enforceable against the survivor, even after his or her spouse passed away. The house would (in almost all cases) pass to the survivor without having to go through probate since real estate is normally owned by married couples as a joint tenancy with right of survivorship—so when one passes, the other instantly, by law, gets the home. If, however, only one of the couple had actually signed the contract, then it’s not clear that it could be enforced against the survivor—contracts are only enforceable against those who are parties or signatories to them.
→ Read MoreIn a Real Estate Sale, Can a Home Buyer’s Agent Bypass the Listing Agent and Go Directly to the Seller?
From a contractual point of view, a buyer’s agent could bypass the seller’s agent and approach the seller directly, such as to present an offer that the seller’s agent has refused to pass on. And since there are no laws requiring a third party, like a prospective buyer, to go through the seller’s agent rather than directly to the seller, this is a viable and perfectly legal tactic.
→ Read MoreTypical Provisions in a Seller’s Real Estate Sales Contract
The seller will want to be sure that the contract specifies that 1) s/he (the seller) is entitled to damages (usually the deposit) if the buyer does not fulfill his or her end of the contract; 2) all statements made about the property by the seller are accurate and 3) any of the buyer’s contingencies – like inspections or financing – will be taken care of in a reasonable amount of time. The question of whether or not it is in the home seller’s best interest to have an attorney’s fee clause in the purchase agrement is debatable.
→ Read More