Friday, March 17, 2017

Georgia real estate disclosure laws in 2017

Q: Hi, I hope you're well. Just how can a buyer get from a contract that is signed? Diligence and Home inspection.

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

A: Folks think that whatever question they may ask is a basic legal question, when, as here, they haven't supplied a duplicate of the contract, or enough facts to get a meaningful response, and they frequently ask the erroneous questions. Get an attorney immediately.

Civil litigation Toronto

Q: I am my mom's poa. She's dementia and owns two houses whom I think I have to transfer the title to my name. how?

She's a will that leaves everything to me but do before she dies, I need certainly to transfer the titles to me?
Lawyer Answer Michael David Birchmore

A: Tend not to use a quitclaim deed to get this done. Take the present title to a lawyer and ask them to draw up a guarantee dee with rights of survivorship. Don't fool around with this. It can cost you a lot of cash to get it straightened out, in the event that you botch it by carrying it out yourself. You are able to generally get a title done for between $75 and $150.

Q: Our landlord refuses to return our complete security deposit due to "damages."

Damages were there prior to go-in. We weren't provided a move-in a move or statement -out statement. We were confronted with a number of other problems in the house (which for a month could possibly be deemed uninhabitable). How can we go about regaining the deposit?
Lawyer Solution Paula J. Mcgill

A: If the landlord refuses to return the deposit, you can sue in small claims court for the return, triple the wrongfully withheld deposit if the landlord is a large landlord (10 or more units) or a management company handled the rental property for a charge. Moreover, you might sue to get a decreased value of your lease for the time the home had not been repaired or uninhabitable.

Q: Can a property using a thin be transferred to surviving relative from descendent's estate?

My husband's dad dies. The "will" leaves everything to his stepmother. She's now said he can have a secondary property that was his father's, but it has a k that was lean of $50. Does my husband must get a loan that is new with closing costs and down payment and all, or will there be a means for her to transfer the lean and everything into his name? We're getting conflicting answers, and having trouble locating this particular info online.
Attorney Reply Terrence H Thorgaard

A: In the event the probate court finds the will to be valid and also the property is distributed to the stepmother, she is able to convey it to your husband subject to the lien. Whoever owns the lien may manage to foreclose the lien, where case he would need to either loose the property or pay it away.

Q: A tenant's washing machine flooded the unit - is the Renter responsible for paying for the clean-up/repairs?

The Renter had thought she turned it on, had repaired her malfunctioning washing machine and left for several hours. The machine flooded the finished basement area, including 3 rooms, carpeting, padding, floorboards etc....water extraction, carpet pad replacing, floorboard removal, dryout and replacement was needed. Tenant maintains she isn't liable for the repair invoice. I believe that she is responsible, since this was her washing machine, not supplied by the owner. Please guide who is correct. The lease states renter responsible for damages beyond ordinary wear and tear of a house. That is in Atlanta, GA. Thank you
Lawyer Answer Paula J. Mcgill

A: It was her washing machine and in case you are the landlord, you might have effective case to sue her for damages as a consequence of her malfunctioning gear. She should have renter's insurance. This is the reason a lot of leases require tenants to possess insurance for difficulties like this.

Q: can I sue my neighbor for throwing litter within my garbage can multiple times and also for lying down in center of road?

Attorney Reply Adam Studnicki

A: Throwing waste in your garbage can might be a crime and there could be civil remedies at the same time. I don't practice in Georgia, so please check with a local lawyer. Please Take Notice: Unless we enter into an engagement agreement in writing, I'm not your attorney. This can be general advice that is certainly given for legal education only. It's not legal counsel, also it might not work for the unique scenario. It's impossible to evaluate a legal issue without review and an all-inclusive consultation of most of the pertinent facts and files. I firmly encourage one to talk to an area lawyer to get legal services and help with your specific scenario at your earliest convenience. I'm licensed to practice law in Arizona.

Q: How do I get my company (S Corp) to purchase my home, in Macon, GA, or is an easy transfer potential?

Attorney Response Robert Jason De Groot

A: It's my estimation that you need legal counsel for every real estate transaction.

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

I do not have one month notice in the lease. May I hold him liable through the length of his lease if the property is unable to be rented by the time he moves out?
Attorney Response Paula J. Mcgill

A: You can sue for the balance of the lease, if there's not an early termination provision in the lease. Just make sure when he turns in the keys he realizes that you're taking the keys to secure the house, not as acceptance of his early termination.

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