Archived
Can a President of an HOA call for a vote to remove all restrictions in a planned development community
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Answered on November 11, 2013
The terms of the CC&Rs will control. The voting will also depend on the governing documents, to determine what is a "majority of the members" as...
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Archived
Can we sue a listing agent for failure to present an offer in a short sale situation?
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Answered on October 24, 2013
The listing agent represents the seller, so it is doubltful that you have a claim against him. However, it is possible that some term of the...
Archived
Should I sell a peace of residential property with a real estate contract or a warranty deed and deed of trust note?
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Answered on October 17, 2013
For many years, I recommended the note and deed of trust option. I now advise use of a real estate contract in most instances, as the enforcement...
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What is the purpose of the interspousal grant deed the bank is requiring for my separately owned home refi?
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Answered on October 13, 2013
The bank wants the deed to protect their interests, and only their own interests. If the home is in your name, your husband could have homestead...
Archived
How do I make a title change for my house?
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Answered on October 09, 2013
As noted, you may have a fiduciary relationship with your mother because of the power of attorney, especially if you are the primary person...
Archived
Do I need a eastate attorney?
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Answered on October 01, 2013
You are facing several challenges. First, oral representations, particularly when made by an agent, are usually not enforceable. Second, much time...
Archived
I need help in knowing how to split properties between families before having a will written up.
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Answered on September 29, 2013
You need your own well-qualified estate planning attorney to advise you. The concerns that you raise are well known to experienced estate planning...
Archived
How is the Executor's fee determined?
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Answered on September 27, 2013
I agree with Mr. Elder and Mr. Smith, with one additional factor. If the executor is granted nonintervention powers, the executor will determine...
Archived
Do I need a real estate attorney?
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Answered on September 16, 2013
You very likely have a good claim against your neighbor for timber trespass, which could result in the recovery of treble damages. There are 2...
Archived
What rights do I have to cross 10 feet of an exclusive easement to get to a power pole?
Thomas's answer
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Answered on September 16, 2013
You should contact an attorney. The answer will depend in large part on the terms of the easement granted to your neighbor. For instance, if the...
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