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Cheryl Rivera Smith

Cheryl Smith’s Answers

5,722 total


  • My agent is not showing my home and I have recorded the "so called showings" do I need to contact an attorney?

    After the divorce I got the house it is located in an other city from where I reside my agent has not been showing my home and I have proof! I am certain she wants my home to go into foreclosure I need help?

    Cheryl’s Answer

    I certainly hope not! The agent may have a sponsoring broker. If that is the case, go up the chain and ask for a report of all efforts made, a showing report, and check out your house on Realtor.com. If it is in MLS, you should be able to google the address and find it.

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  • I bought a house in Kingsville TX about 2years ago and the builder hasn't certificated the roof.

    i bought a house in Kingsville TX about 2years ago and the builder hasn't certificated the roof. The area the house is in required by insurance.

    Cheryl’s Answer

    If the builder does not want to cooperate, you may need an attorney to write a demand letter. If not cooperative then, you might need a lawsuit. Wish I had better news. I have re-classified this question as construction, so maybe another attorney will have a better idea. Good luck.

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  • Does a HOA Board have the right to tell me to cut my vines that grow above the fence into the neighbor's trees next door?

    The neighbor did not complain; she will probably like the vines growing as she planted trees and bushes all along the fence so the nosy people in the upper floors cannot peer into her yard. The bylaws says the Board cannot dictate what I plant in...

    Cheryl’s Answer

    I agree with Mr. Russell. They may also have Rules and Regulations that aren't recorded and might be enforcible. You'll need to review these documents and ascertain the answer for yourself. Best of luck.

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  • My parents built a home with their money and I moved in after. Now I am divorcing. Need real estate advice.

    A home was built by my parents in 2006. Contractors, materials were paid by my parents funds they have all the copies of the checks that paid for the construction of the home. I moved in shortly after and didn't need to pay rent thanks to them. W...

    Cheryl’s Answer

    This is a Family Law question. I have re-classified it for you and perhaps you will get the right type of attorney to help you. Best of luck.

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  • Do I need a real estate attorney?

    I am a disabled senior who owns a home in need of major repairs. The home has delinquent taxes owed from when my parents owned the home. I wanted to know what are my options so that I can make the home live able as I plan to keep my home?

    Cheryl’s Answer

    Go to or call your local appraisal district (Bexar County Appraisal District) and talk to someone there.. It may be possible they they will waive your taxes. Be very careful of those companies that to "Tax Lien Lending" - some are very predatory. Best of luck.

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  • Will my home if there is still not paid in full

    Can I put my daughters name on the mortgage so that it's hers when I pass away

    Cheryl’s Answer

    It might be best to draw up a simple will. A local attorney can help you with this. You don't want to put your daughter on the mortgage, because then it becomes her obligation and might inhibit her ability to get credit. The Garn-St. Germain Act provides that Heirs who inherit a house that has a mortgage on it are allowed to continue to pay that mortgage without taking on further obligation.

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  • How do I buy a home from family with little legal involvement?

    My elderly great-grandmother wants to sell my family her home. She is almost 90 and wants minimal legal involvement (ie...lawyers, agents, etc). She just wants to come up with a 20 year contract (her daughter (my grandmother) will take over when s...

    Cheryl’s Answer

    A good local attorney can help you and it shouldn't cost too much. Just be sure that great-grandmother is competent to make this decision on her own behalf so that you won't be challenged by other family members who may feel that GGMother may not have made a sound decision.

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  • One of my distant in law relatives made claim to an island named Niihau in the Hawaiian islands. How would I get it back?

    THE ROBERTSON'S have changed the name to the ROBERTSON'S islands. But it use to be called Sinclair island bought in 1848 by my great grandmother Elisabeth Sinclair. The ROBERTSON'S changed it's name after the last Sinclair HEIR died in 1987. = Gra...

    Cheryl’s Answer

    Chances are you won't be able to get it back depending on who is now claiming ownership. In Texas, the law of adverse possession allows one to claim ownership if that adverse possession remains in place for the last ten years. I am not sure what Hawaii claim period is, but your claim may be barred by the applicable Hawaiian statute of limitations. Best of luck!

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  • 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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