Friday, March 17, 2017

GA real estate license law in 2017

Q: Hi, I am hoping you're well. Just how can a buyer get out of a contract that is signed? After Due Diligence and Home inspection.

Tomorrow we're assumed to shut and that I think the buyers are having buyers remorse. We now have a signed contract, and passed home inspection. There are repairs that have to be finished (one left - adding a gutter) which will be don tomorrow. They now are asking for 1500 dollars in closing prices at the last minute, can they move out of this contract?
Attorney Reply Robert Jason De Groot

A: People think that whatever question they could ask is enough facts to get a meaningful response, or a basic legal question, when, as here, they have not supplied a copy of the contract, and they frequently ask the wrong questions. Get an attorney.

Q: Can a property having a trim be transferred to surviving relative?

My husband's father dies. The "will" leaves everything to his stepmother. It's a slim of $50k, although she has now said he can have a secondary property that was his dad's. Does my husband must get a loan that is new with down payment and closing costs and all, or can there be a means for her to transfer the thin and everything ? We're getting conflicting responses, and having problem locating this particular information online.
Lawyer Reply Terrence H Thorgaard

A: The property is distributed to the stepmother and also if the probate court finds the will to be valid, she is able to convey it to your husband subject to the lien. The owner of the lien could be capable of foreclose the lien, where case he'd have to either pay it away or loose the property.

Q: Is a purchaser arrangement automatic extended 7 days after the expiration date of closing?

Lawyer Answer Michael David Birchmore

A: You would need certainly to look to the terms of the contract to discover. In case the contract is a normal "GAR" form (GA Association of Realtors), the final time I appeared the contract could automatically extend upon the request of either party. Beyond the 7 days would need the agreement of parties to expand.

Civil litigations

Q: What's the difference between a Title to a property and also a Deed?

Attorney Solution Ben F Meek III

A: A Title is a record that reflects the grant of specific rights in and to the property that is identified and is a sort of evidence or muniment of title. "Title" is the bundle of rights most folks think of as possession. The deed to your house should reflect the type of your title (ownership rights) such as, fee simple, a duration of years, a life estate, a leasehold, etc. Fee simple means approximately outright or complete ownership. The deed may also reveal co- possession and the particular kind of co-ownership, like a cotenancy, tenancy by the entirety (in some states), or joint tenancy with right of survivorship. Hope this can help.

Q: Without running water, are you able to reside in a rental property in the state of Georgia?

Lawyer Solution Brian Lehman

A: If the home is uninhabitable, the owner is not permitted to lease it. Lack of running water causes it to be uninhabitable. Here is the Georgia Landlord-Tenant handbook:

Q: I sold a rental property. When does the new owner take responsibilities for the lease with the tenant?

In October of 2012, a fresh tenant moved to the house and I place the house under contract. I closed on the house on November 1, 2012. The renter moved out in November of 2014. Now the renter is wanting to get me to refund the Deposit (plus another $1,800). I do have a record of ever receiving the down payment along with a deposit transfer had not been listed on the close statement. At what point am I no longer responsible for the lease? Best wishes, Dennis
Attorney Answer Robert Jason De Groot

A: Normally, at close is when the brand new owner would take over.

Q: I've a tenant breaking a lease 4 months early to obtain a home. So what can the renter fiscally be held responsible for?

I do not have 30-day notice in the lease. Could I hold him liable throughout the length of his lease if the property can't be leased by the time he moves out?
Attorney Reply Paula J. Mcgill

A: You can sue for the remainder of the lease, when there's not an early termination provision in the lease. Just make sure when he turns in the keys he comprehends that you are taking the keys to ensure the house, not as acceptance of his early conclusion.

Q: My father in law passed away without a will. My mother in law's name and his name are both on the title.

Who legally has my mother in law, ownership/ rights to your house or my husband and his sibs? Or both?
Attorney Answer Dr Kenneth V Zichi J.D.

A: This is determined by HOW both their names were on the deed. Without seeing the records it truly is impossible to know very well what kind of joint ownership who might have a curiosity about the property, and it was. Additionally, it depends on whether the kids were several other questions you do not reply in your post, and the children of both partners. The BEST guidance is to talk to a local probate lawyer to learn in what way the facts of your situation fit to the law in GA. Don't ASSUME anything, seek an actual legal opinion. -- This answer is offered for informational purposes only and doesn't constitute legal advice or make an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal assistance if you're feeling you desire legal advice

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