Expert Advice When You Need It Most

Steven Dennis Rubin's Answers

Steven Dennis Rubin
Boca Raton Real Estate Attorney.
Contributor Level 5

1

Attorney answers:

  1. Steven Dennis Rubin

Sellers falsified claims when selling house, any recourse?

Asked by a user in Seminole, FL - over 3 years ago.

A seller of residential real property has a duty not to mispresent to the buyer material facts relating to the home. A seller is liable to a buyer if the seller intentionally or negligently makes a false material statement of fact, the buyer reasonably relies upon the misrepresentation, and the buyer is induced to enter into a contract based upon the misrepresentation. These causes of action are known as common law fraud. In addition, a seller has the duty to disclose to the buyer all facts...

2

Attorney answers:

  1. Will Murphy
  2. Steven Dennis Rubin

Property rights to trim a tree

Asked by a user in Fort Lauderdale, FL - over 3 years ago.

Every local governemt has a code of ordinances which usually includes standards for maintaining landscaping on private property. Most local governemnts have adopted ordinances which impose trimming requirements and prohibitions, including what is commonly referred to as "hatracking" (as opposed to trimming the internal branches and limbs of the tree, the entire top and sides are cut off forming a rectangular appearance of the tree and making it top heavy and subject to toppling in a storm and...

2

Attorney answers:

  1. Steven Dennis Rubin
  2. Margery Ellen Golant

Foreclosure papers received when mortgage is paid on time

Asked by a user in Kentucky - over 3 years ago.

Yes.The borrower's obligation to make monthly mortgage payments is usually only one of many covenants contained in a note and mortgage. The note usually states that a default in the mortgage constitutes a default in the note. Thus, for example, if the mortgage requires the borrower to keep the property insured and the borrower allows the insurance policy to lapse, that would constitute a breach of the mortgage and note and could entitle the lender to declare the entire indebtedness of the note...