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Robert Charles Abrams
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Robert Abrams’s Answers

13 total


  • What can we do and how can we get him out the right way without having anymore problems? what steps do we need to take? Help!

    My uncle passed away without a will and no wife or children and my brother is living on his property and is using the property for illegal uses and not paying the bills. The whole family including my brother agreed that the property is supposed to...

    Robert’s Answer

    Provided the court awarded you title, your brother is subject to unlawful detainer. He is most likely considered an "At Will" tenant. You can give him a 30 day notice to Quit (vacate) and start an unlawful detainer action to evict him. I recommend you see an attorney experienced in Landlord - Tenant practice immediately!

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  • Can I buy the house from him and legally own it so that it is no longer part of his estate?

    My dad has property and I want to buy it by giving him 80K and taking over payments on the existing mortgage that is a great rate and non transferable. Can he sell me the property somehow in this situation to where I legally own it as long as I k...

    Robert’s Answer

    Yes, you can purchase the property without disturbing the existing financing. It will need to be structured so that you do not violate any due on sale provision of the existing loan. You will also need to arrange to be able to get loan information directly from the lender. I recommend you seek the advice and counsel of a real estate attorney to properly analyze and structure the transaction.

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  • If the property has to go through a full probate can the home legally be listed for sale and can I get a refund for inspection?

    I put an offer on a house and it was accepted. I paid $650 for an inspection, which revealed a lot of repairs. At the inspection, the listing agent didn't want me to go to the inspection and tried to get me to go at the end just to sign disclosu...

    Robert’s Answer

    There are several legal issues including breach of fiduciary duty and failure to disclose. Fortunately the amount of your loss is minimal. If the broker refuses to meet with you or return your calls, I suggest you file a complaint with the Bureau of Real Estate and you can consider a small claims action. You may also be successful in filing a complaint with the local Association of Realtors, assuming the broker is a member.

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  • Do I need a real estate attorney? Property manager potentially reneging on verbal agreement and sent bill to collections.

    I lived at an apartment complex for about 1.5 years. The original lease was for the 1st year, and then I opted to renew the lease for another year. Due to a layoff partway through the second lease, I could no longer afford to live in the apartmen...

    Robert’s Answer

    Generally, when you sign a lease in CA you are obligated to pay rent until the expiration date or termination of the lease by mutual agreement. However, once the unit is re-let (assuming at the same or higher rent), the original tenant is no longer responsible for rent under the lease. The landlord cannot sit idly by and wait for the term of the lease to expire but must use diligence in attempting to re-let the unit. The tenant is responsible for any damages, cleaning, etc. upon move out and there are various statutory requirements the landlord must comply with regarding use of the tenant deposit. I suggest you determine if and when your former unit was rented and the basis of the claim from the collection agency. Then if you feel you are being treated unfairly, you may want to consult with a real estate attorney.

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  • What kind of a attorney I need to hire for Business Fraud?

    I have a case ready for pretty much settlement in my favor but need a good attorney that is knowledgable to settle the highest amount. I don't know which is the area of focus I need to look into...please help?

    Robert’s Answer

    Based on the facts presented you need a attorney whose area of practice includes Civil Litigation. One of the jobs of a litigator is valuing the case. Some background in the subject matter of the fraud may be helpful.

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  • I went thru a divorce in 2009 in CA. I gave up our house to my wife in the settlement.

    Since the divorce became final she never sold or refianced the house therefore my name is still on the mortgage. She is now selling the home. Will she need me to sign off and do i have any claim on the profit?

    Robert’s Answer

    Mr. Price's answer is correct. If you have already deeded off the property, you have no further interest in it. If you have not, you must comply with the property disposition order/agreement from the dissolution.

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  • How do I calculate the amount of rent to withold from $2250 a month for a 4bdrm 2 bth house that has 2 bdrms,1 bthrm unusable?

    Two bedrooms 1 bathroom and the kitchen are unusable. Mold is the bedroom and bathroom problem. The stove and oven need to be replaced and the kitchen cabinets are moldy and filthy and stained with mouse poison. The landlord refuses to do anything...

    Robert’s Answer

    Roger is absolutely correct! you potentially have fraud issues, a breach of the lease by the landlord and habitability issues that could well lead to health conditions. I recommend you seek legal counsel immediately from an experienced, real estate attorney with landlord / tenant experience representing tenants!

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  • My friend who I've know for years wanted to go half on a business so I agreed and gave him 3,000 in cash for the deposit.

    Now that I gave him the money his dodgy, he doesn't answer my phone calls right away. His telling me the background check is taking 14-21 days. Im not sure, if he's being honest. What can I do to get my money back?

    Robert’s Answer

    If you do not trust him, ask for the money back. Put it in writing and make certain he receives it. If he fails to return the funds within a reasonable but short period of time (no more than 5 business days), small claims is definitely the answer. You want to take action before he spends your money!

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  • How does one keep the sales price of a real estate transaction private?

    The last transaction I was involved with both the buyer and seller did not want the sales price disclosed on public websites like redfin, zillow etc. The escrow officer on the deed did not put the transfer tax and instead stamped "not of public r...

    Robert’s Answer

    It is virtually impossible to keep the price paid for a property private. Keeping ownership private is difficult as well. There is so much information available to the public it only takes the knowledge of where to look for it. Having said that, you can ask that the transfer tax not be shown and keep the information from being reported to any multiple listing service, Trulia, Zillow, etc. Once the property is reassessed, it will be fairly easy to determine the purchase price (or a close estimate).

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  • Can I sue my former tenant for past rent?

    My tenant was month to month and didn't pay rent and abandoned the property. Can I sue him for the months worth of rent and more?

    Robert’s Answer

    The assumption is that the tenant abandoned without notice. Were there damages to the property? Did he leave any personal property? Do you have a deposit? These are all issues to consider prior to determining whether you can or should file a lawsuit for breach of contract. The amount owed will make a difference as well.

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