I am the buyer and the seller is trying to cancel the contract 1 day before closing. What can I do to "encourage" him to sign the papers?
There are many things you can and should do. I would consult with your agent and an attorney. If you are using the California Association of Realtor's form you could do a demand to close. After the time for performance comes you can sue for specific performance. Each case is different and your contract controls the entire transaction. I suggest bringing your contract to a qualified real estate attorney for assistance and concrete advice.See question
by law what is the time fram b4 i have to move out after the hearing im i able to appeal the hesringn stay in the house until i find some were to live
You can apply for stay pending appeal but in our experience judge's routinely deny such applications to stay absent a real strong showing of hardship. I suggest you consult a qualified attorney who can advise you on the process.See question
My mother bought a house and rented it to me and childs father. We moved in a couple days before April 1st. We were late paying rent in May. A week after we paid her the rest due for Mays rent. I lost my job that same week. When June 1st came we h...
In California this type of illegal self help gives the tenant a claim for forcible detainer - which you can think of as the opposite of an eviction proceeding. Our firm has successfully handled such claims. I suggest you go to a local attorney who can help you pursue your claim.See question
I bought a property in Houston Alaska advertised as having gas, power, and phone on the lot, my friends bought the lots next to me, now we are being told from utility companies that it will cost around 20,000 to have utilities brought to our lots....
Giving it back (rescission) might not be a bad idea. You may have a claim for fraud but sometimes a better cost-benefit solution is restoring the parties to their prior position. I suggest you consult a local Alaska real estate attorney to explore your options.See question
In 2010 we purchased our home I received a letter from the county tax collector stating we are 5 years in default on taxes owed in 2009 we have 11 days to pay or our home will be sold at a tax sale I have contacted all parties that worked with us,...
I would go back and look at your title policy and see what it indicates. I also suggest getting your complete escrow file. If you purchased this property with a purchase money loan someone should have caught this. I suggest you consult with a real estate attorney.See question
I am interested in bidding on a piece of property in NJ . The sale is a Judgement sale not a foreclosure sale what is the difference.
You should consult a NJ attorney. That said, in California a judgment sale is very similar to a foreclosure. It is generally a foreclosure of an abstract of judgment which very much operates like a foreclosure. If you are considering buying a property post judgment sale I generally recommend getting a title report done first because there is a great degree of variance on how title companies treat sheriff's sales.See question
I am renting a house around 3 years, I was paying my rent on time including last month rent. suddenly I learned my landlord has not been paid mortgage around 10 months . I talked to her about my deposit, She told me" she is going to get her hou...
You will likely have to go after your landlord (the owner) personally. It does not sound like an ideal situation. I would consider suing the landlord in small claims court if the security deposit is not above $10,000. As to how long you can stay, that will be up to the bank. I suggest consulting with a real estate attorney to get concrete answers based on your lease terms and the status of the foreclosure.See question
Purchasing a home in Riverside County. Already qualified with my personal bank and a mortgage broker. I found a house and ready to make an offer, but the seller says that not only do we need to qualify with their lender but we MUST use them to pur...
The answer really depends on your contract. Are you buying from a builder or a developer? It sounds like you may be. Otherwise, you generally have the right to chose your own lender and your own title company. I suggest bringing your real estate contract to a real estate attorney or them to review. The issue may be more of a breach of contract then a violation of a law or regulation.See question
Purchased a home with partner and split a couple years after due to their infidelity. Signed quit claim to assist with loan modification approval as partner couldn't afford mortgage alone. Selling now with profit. Is it fair to ask for a small % f...
I think it is more than fair to ask for a share of the profit to the extent you contributed to the property expenses. We frequently see these types of cases where two people purchase a property but only one person is on title. Typically, this is done due to credit issues. The person on title can often have equitable claims for compensation including a claim for a resulting trust. I recommend you consult with a real estate attorney.See question
Do i get an attorney or small claims. She also raised my rent when I complained to fair housing about her charging me for water which contract stated she was responsible to pay.
I suggest getting an attorney. It could be retaliatory conduct. That said, if they are not attempting to evict you and the landlord has a valid basis for increasing the rent the conduct may not be retaliatory at all. I recommend you review Civil Code 1942.5 on retaliatory eviction. Every case is fact specific so you are best off consulting an attorney in your area to see if you have a claim.See question