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Adam Lefkowitz

Adam Lefkowitz’s Answers

705 total


  • Contract and agreements

    i enter into a contract with a buyer for my house. i sign the contract electronically . He said he would email me a copy of the contract. He email me but didn't give me a copy of the contract .It was just the company logo. he call me and want me t...

    Adam’s Answer

    Generally speaking, signing a contract binds you to the performance obligations contained in the contract. There is also a general presumption (which may be rebuttable) that people signing contracts understand their terms. No one here on Avvo can know what your contract says. You should immediately consult with a local real estate attorney to determine if you are bound to the contract or if you have avenues of redress.

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  • My neighbor's yard landscape is totally out of control and is coming over my 6 foot fence. How can I get him to clean it up??

    My neighbor has completely let his yard go for years. His blackberry bushes and weeds are over taking my 6 foot fence and coming over to my property. I'm going to have to replace my fence soon because of the pressure the weeds have put on my old...

    Adam’s Answer

    Your best bet is to call animal control and the local health department. Rodents, vermin, and the like carry diseases harmful to people. Get the health department to force your neighbor to clean up his yard. Short of that, you can cut back vegetation overhanging onto your property.

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  • How far can I take a non filing of assessment by a mortgage company?

    We learn through a fight to keep our home from foreclosure that our mortgage company had not filed for assessment of our loan until a month before foreclosing. We have been paying them for almost 10 years and were unaware of this. We had applied...

    Adam’s Answer

    Financial institutions frequently sell mortgages. Some institutions specialize in originating loans while others specialize in servicing them. If you take a look at the title insurance policy you (should have) purchased when you bought your home, on the lender's policy, the name of your lender is probably captioned as "XYZ Bank, ISAOA." That last part stands for "It's Successors And/Or Assigns", meaning the lender very likely will transfer your loan to another company. So the transfer itself is perfectly lawful. The question is whether you were give proper notice under the law of the transfer. Some states impose additional notice obligations on the banks when they transfer loans, so check with a local real estate attorney to see if your loan originator and its successor complied with applicable notice provisions.

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  • "When a home is FSBO, is the seller/owner permitted to submit an HOA estoppel/closing letter request?"

    FSBO - for sale by owner. We (the HOA board) have never received a request from anyone other than closing attorneys, real estate agents or lenders. We also charge a fee for the request. Are there rules regarding such requests from homeowners?

    Adam’s Answer

    Parties to a real estate transaction need estoppel letters so they can prepare settlement statements - these are documents which tell everyone how much the seller owes, where the money is coming from, and where it's going. Additionally, I would image the homeowner has every right to access this information because it's information on the homeowner's own account. I also see no reason why the identity of the person asking for the letter should have any affect on the fee you charge for producing this letter. To be safe, consult with an attorney familiar with GA real estate. I am licensed in NJ, not GA and laws vary from state to state.

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  • I own a townhome. The assoc. has required all owner to fill out a form requiring very personal information about the residents

    Does the homeowner assoc. have the authority to require this info from a property that I own. Do they have a right to fine us if we do not comply?

    Adam’s Answer

    In addition to checking your HOA's governing documents (i.e.: rules and by-laws), you should check to see if your state has laws limiting the collection of personal identifying information (e.g.: SSNs) and whether your state has laws regulating the authority of HOA governing boards. Your best bet would be to consult with an attorney familiar with condo laws in your state. Laws vary from state to state and this answer is meant as general guidance only. For a more specific reply to your inquiry you need a consultation with an attorney licensed in your state.

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  • We are selling a home in New Jersey and want to know if a deposit on a home is refundable or not.

    it seems that this deposit can hold up the sale and now after 3 months they want to back out and we have lost opportunity to sell on other occasions is there any recourse

    Adam’s Answer

    Look to the contract to see if it allows for the return of the buyer's deposit. Even if it does, if buyers are in breach of contract and if the sellers have suffered damages because of this breach, then sellers may have a basis from which to file a lawsuit to compel the buyers to compensate the sellers for those damages. Consult with an attorney.

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  • Can a uk citizen own a share of a property in the USA.

    Hi, my brothers have a joint ownership of a house in the USA, And would like to give me an equal share of the house. I myself am a uk citizen and my brothers are us citizens how does this work?

    Adam’s Answer

    Foreigners are not restricted in their ownership of property. I encourage you to retain local counsel to assist in the purchase to ensure your expected ownership is reflected on the deed. Please note that foreign sellers of property are subject to additional tax withholding.

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  • My friend buy me a house but then put my name on the deed . we share the house for 3 and halfvyr. I paid the property taxes .

    The whole time I lived there. What's my legal rite

    Adam’s Answer

    What exactly is the legal question?

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  • I am looking to start a business and need start up advice.

    It is a food based company. Will need advice on packing and shipping as well.

    Adam’s Answer

    Food-based business must comply with federal, state, and municipal regulations. It's best to hire an attorney to assist you through this process after you've had a consultation during which you explain all the details of your operation.

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  • Must two original copies of a contract be provided for it to be legally binding?

    My employer gave me a contract today to sign, but only one contract. I was under the impression that two original contracts should be signed by both of us, and each party would retain an original copy in their records. Is it still legally bindin...

    Adam’s Answer

    A written contract is evidence of the agreement between 2 people. Some agreements do not need to be reduced to a written contract to be enforceable while certain other agreements must be memorialized in a contract. Even for those agreements which must be in writing to be enforceable there is no requirement to have two originals. In fact most contracts include a provision these days allowing for electronic signatures and facsimile copies to be considered original signatures and original documents. A copy of a contract is sufficient to enforce the terms of your agreement.

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