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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,714 total


  • How can I get my real estate broker to pay me my commissions?

    My old broker owes me close to $3000. No, we do not have a written contract. I do have documentation detailing commissions earned and what I'm owed. I also have emails where in he stated he would pay me. Now he won't.

    Cheryl’s Answer

    I agree with Mr. Lautin. However, I always send the demand letter by both certified and US First Class mail. Get proof of mailing. That way, the broker has no excuse of not being notified if he fails to pick up or accept the certified mail Best of luck.

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  • Was Real Estate Agent's Conduct unethical?

    I was buying a house and during the option period the seller's agent did something that caused me to terminate the contract. I want to know if the conduct should be reported to the State authorities. Home inspection report identified defects. ...

    Cheryl’s Answer

    You may want to review the situtation with the agent's sponsoring broker.

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  • I have a real estate/real estate fraud related question.

    I have a foreign buyer looking to buy my property site unseen. They say they’ve visited my area multiple times and want to do a contract quickly, WITHOUT seeing my house (except the video tour online). They want to sign my contract, use my closing...

    Cheryl’s Answer

    Wires can be sent and REVERSED! The kicker is that they will suggest that they overwire the funds and ask for a refund from you. Then reverse it. However, most fraud occurs in the form of bogus cashier's checks. If it sounds good to be true, it usually is. Find a realtor - even though you may pay a fee, statistics show that it will be covered in the form of a higher sales price. Best of luck.

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  • How to make a property will

    I am a co-owner of a a house along with my son. In the event I pass away, I would like to nominate my son for the whole owner of the property. What kind if will is required for that, what are the steps, where to file it and how long is this process.

    Cheryl’s Answer

    If you have little or no assets other than the house to pass, then a Survivorship Deed might be for you. After the first co-owner dies, the survivor files the death certificate which automatically passes title to the survivor. The fee to prepare should be very reasonable.

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  • How can I get my daughters name off the deed to my house?

    I added my dsughters name to the deed to my house now she is trying to take my house!

    Cheryl’s Answer

    My colleagues have excellent advice. I would contact a local real estate lawyer or family lawyer to help you reach a settlement with your daughter.

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  • If you find a house and your aunt pays for it and you pay the bills whose house is it ?

    My aunt had told me that the house that she bought was going to be for me and my girls and fiancee who passed away recently, she has since changed it to her house and her sisters I pay all the bills they are in my name I am to pay for anything tha...

    Cheryl’s Answer

    She would need to give you notice. However, if you overstay, she could proceed with an eviction. You are not living rent-free, your services and maintenance are your rent. I would recommend reaching an agreement all could live with or make arrangements to move. Best of luck.

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  • Do I have the right to see my mortgage loan documents in advance?

    I'm about to go to my closing tomorrow. The lender and title company haven't sent me the documents that i will be signing. Do I have the right to have those documents with me for 24 hours or 48 hours so I can take them to a lawyer and have them re...

    Cheryl’s Answer

    To add to the advice, be sure you schedule quiet time at the title company for the review if there is a time issue. Often the title company can email docs to the lawyer for review. Be sure you don't lose your interest rate lock with any delay this review may cause.

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  • How to add or remove someone from home title

    Can someone please tell me the process of adding or removing a parent from my home title? What is the complete process and associate fee. After addition or removal, do I get a new original title with new owner names?

    Cheryl’s Answer

    You can't remove someone else from your home title. However, they can sign a deed which deeds their interest to you. To add, the owners convey an interest to another party using a deed as well. The deed or deeds ARE the title to the property. Depending on the lawyer helping you, the cost might range from$200 up.

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  • Real estate

    I gave my home for collateral to a lawyer to help my parents out on a legal issue...a general warranty deed....my Dad was making payments and fell on hard times and the lawyer understood.....we would ask what the balance was and he said he would g...

    Cheryl’s Answer

    There are many issues here. If your home is your homestead, it is possible you may not be forced from your house. See a good local real estate attorney as soon as possible. AVVO has an excellent attorney search option for you.

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  • Disconnection of my apartment electricity without prior notice while my minor kids 7 and 5 years old were at home with a nanny

    I moved into an apt.When I called to start electric service,the agent of the utility firm insisted that my wife (not the mother of my kids) with whom I'm currently in divorce proceeding,must call the firm before service would be started.I told the...

    Cheryl’s Answer

    I agree with Mr. Dohlen. Your alternative is to find a place where you don't have to deal with "that firm." Sorry.

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