Friday, March 17, 2017

GA real estate license law in 2017

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

Attorney Solution Brian Lehman

A: The owner isn't allowed to rent it if the house is uninhabitable. Lack of running water causes it to be uninhabitable. Here is the Georgia Landlord-Tenant handbook:

Q: My father in law will sign the property title over to us do we want an attorney for this and what forms do we need

Attorney Solution Rachel Lea Hunter

A: You are in need of a real estate lawyer. There are really no forms of using a quit claim deed form that you buy at an office supply shop or legal forms spot on the web, unless you are thinking. Do not be affordable and believe because if something does not go right then you'll end up costing yourself means to get a mess cleared up, you'll save a few dollars. Go to a property lawyer and possess an effective title prepared. Deeds are not all that pricey. Nonetheless, some problems arise. While its swell your father in law would like to give property to you, there are gift tax consequences for him if the home is over $13,500 in value. In case the acreage is highly appreciated in value, there might even be a capital gains problem. Also, will he be needing Medicaid any moment in the next 5 years? You will find effects there also, if so. I think your father-in-law must take a seat using estate planning lawyer or a Medicaid and see exactly what the top way will probably be for him to transfer the piece of land to you so as to avoid other along with tax impacts.

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

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

A: People believe that whatever question they could ask is enough facts to get a meaningful response, or a basic legal question, when, as here, they haven't provided a copy of the contract, and they frequently ask the questions that are erroneous. Get an attorney immediately.

Q: I 'm my mother's poa. She has dementia and possesses two houses whom I presume I need to transfer the title to my name. how?

She has a will that leaves everything to me but do I have to transfer me the titles before she expires?
Lawyer Solution Michael David Birchmore

A: Tend not to work with a quitclaim deed to get this done. Take an attorney the current title and ask them to draw up a guarantee dee with rights of survivorship. Do not fool around with this. It costs a lot of cash to get it straightened out by carrying it out yourself, in the event you botch it. You'll be able to generally get a deed done for between $75 and $150.

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

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

A: This depends upon HOW both their names were about the deed. It truly is impossible to understand what sort of combined ownership who might have a curiosity about the property, and it was without seeing the files. Additionally, it depends on if the kids were the children of both spouses, and a great many other questions you don't reply in your post. The BEST advice would be to speak with a nearby probate attorney to find out in what way the facts of your situation fit into the law in GA. Don't ASSUME anything, seek a legal opinion that is real. -- This reply is offered for informational purposes only and does not constitute legal counsel or make an attorney/client relationship. I'm licensed to practice in Michigan only. Please should you're feeling you need legal advice, seek competent local legal help

Civil litigations

Q: Our landlord WOn't return our total security deposit due to "damages."

Damages were there prior to go-in. We were not supplied a move-in a go or statement -out statement. We were confronted with many other problems at the house (which for a month could be deemed uninhabitable). How can we go about regaining the deposit?
Attorney 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 in the event the landlord is a large landlord (10 or more units) or a management firm managed the rental property for a charge. Furthermore, you can sue for a decreased value of your lease for the time the dwelling had not been repaired or otherwise uninhabitable.

Q: We are married now and are eligibleFor home, what do we have to show for this?

It states we can terminate if we become entitled to housing (military service members)
Lawyer Solution Patrick Korody

A: This is really a state law question - you need to go see the base legal aid office or the base housing office. Usually, you have a need for a letter on official letter head that satisfies the demands of state law.

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

In October of 2012, a new tenant moved into the house and I set the house under contract. I closed on the house on November 1, 2012. The tenant moved out in November of 2014. Now the tenant is attempting to get me to refund the Deposit (plus another $1,800). I do possess accurate documentation of receiving the down payment along with a deposit transfer wasn't recorded on the statement that is closure. At what point am I no longer responsible for the lease? Best wishes, Dennis
Attorney Answer Robert Jason De Groot

A: When the newest owner would take over, generally, at closing is.

Q: A tenant's washing machine flooded the unit - is the Tenant accountable for paying for the cleaning/repairs?

The Renter had thought she turned it on, had repaired her malfunctioning washing machine and left for many 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. Renter maintains she is not liable for the repair bill. Since this was her washing machine, not supplied by the owner, I consider that she's responsible. Please counsel who is correct. The lease states tenant as responsible for damages beyond normal wear and tear of a house. This really is in Atlanta, GA. Thank you
Lawyer Solution Paula J. Mcgill

A: It was her washing machine and if you're the landlord, you might have strong case to sue her for damages as a result of her equipment that is malfunctioning. She should have renter's insurance. This really is why a lot of leases require tenants to get insurance for difficulties like this.

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