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Joshua Heard's Advice

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  • 190 Contributions
  • 2 Best Answers
  • 26 Helpful

Joshua Heard wrote:

Public Sewage System disclosed incorrectly, cost me 6000$

Answer
The general rule is that a seller is liable for defects they knew of, or should have known of.  In this case, since you had plumbing problems from the beginning, I assume the seller had the same problems.  This may have put them on notice that there was a problem with the plumbing.  In other words, they should have known there was a problem and disclosed it.  If so, they may be liable.  I would consult with a local real estate attorney. 
March 11
(0)

How do I find about which states DO NOT require your spouse to sign a real estate acquisition..

Answer
I am not aware of any state that requires a spouse to purchase property.  However, almost all lenders require spouses to sign loan documents, since in a community property state, they own half the property by law.  So, if the lender wants a security interest on the whole property, which they do, they must have the spouse sign.  The only case the lender won't require a spouse to sign is in a non-community property state.  There are only 3 of them, I think.  You can google it.
March 11
(0)

Spindle width not up to city code

Answer
If you are remodeling, you will have to bring the entire house up to code, including the width of the spindles.  You should do it now while you are having work done to the house, since you might have trouble when you sell.This is a pretty easily spotted code violation the inspector should have seen.  However, it's probably not worth suing over.  Just get it corrected and recoup the money when you sell.
March 11
(1)

Trespassing onto a property we're buying?

Answer
I don't see any problem with your "trespass" in this situation.
March 07
(1)

what to do if a short sale goes into foreclosure?

Answer
A short sale and a foreclosure are two unrelated separate processes.
March 07
(0)

Is it real estate suicide to remove a bathtub/shower?

Answer
I agree, a family will not likely rent a one bedroom.  Remodel away!
March 06
(1)

Waiving Owner's title insurance. is that ok?

Response
You are paying $2110 to protect a $16,000 investment against a very remote possibility.  In addition, the lender has a title policy that will cover any quiet title action legal fees in case there is a problem.  I would pass.  In 20 years of law practice and real estate investment, I have only seen one case that was presented to title insurance, and that was where some old lady with dementia gave 2 deeds to different people for the same property.  Get a warranty deed with an indemnity clause from the seller and you can put the costs on them.
March 06
(0)

How close to real value is Zillow valuation?

Answer
I use Zillow to give me an initial "ball park" value on a property.  To get a better picture, I do my own comparable analysis, or use my realtor's.  The best way is to hire an appraiser.
March 06
(0)

Why would a seller ask for an "as is" agreement to be signed after the inspection?

Answer
A seller can be responsible for latent (hidden) defects that they knew about, or should have known about.  These can be defects that are discovered long after the property is sold.  So, they either know of a defect and are attempting to release themselves from liability, or they are being very cautious.  By signing an "as-is" agreement, you are giving up certain contractual rights and remedies.  I would ask for a concession in return.  However, as another poster said, for most banks, auctions, and other distressed sales, an "as-is" clause is normal.
February 25
(0)

Payment for survey past due for house I didn't close on.

Answer
Typically one must pay for services rendered during the closing for such things as surveys and inspections even if one did not purchase the house.  However, since 2 years has gone by, I would think the statute of limitations may apply.  Every state is different, but 2 years is the statute of limitation period in most states for an oral contract, 4 years for written.  I would demand to see any written contract they may have, and if they have none, I would refuse to pay based on the statute of limitations for oral contracts.  Check your state laws first or consult with a lawyer.By the way, I couldn't tell from your question, but if you are buying a condo, there is no point in getting a land survey.  I would say that was a mistake by your agent.
February 25
(0)