Question (CA): I've been trying to get some answers from various professionals in the real estate industry regarding a Realtor who might have done some questionable things.

This Realtor, who I signed an agreement (contract) with to represent my property to sell, produced false documents, such as false escrow papers, false bank statements and a few other signed documents. He did this because the renters in my property, at that time, did not want to move out until their lease had expired. But, by producing these documents and faxing these documents to the renters, showing that the property was in escrow to be sold (falsely), they (renters) would be pressured into moving out, which they eventually did.

Can this Realtor be disciplined for his actions and what actions can be taken against me? The renters eventually found out that the documents were false after they had told me what he had done.

By the way, the Realtor did all of this without my acknowledgement and without my consent.

Answer: If your allegations are true then you can and should file two complaints against the Realtor. The first is to the Realtor's Local Association and it is called an ethics complaint, for violating the Code of Ethics of the National Association of REALTORS&Reg;. The second is against the Realtor as a California real estate licensee, found at this link .

California real estate law (Section 1076) contains provisions for the revocation or suspension of a person's real estate license when that person performs certain actions including, without limitation, making any substantial misrepresentation, making any false promises of a character likely to influence, persuade or induce, and any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.

As for any actions that might be taken against you, you should have a defensible position, provided you had no knowledge of what the Realtor was doing to induce the renters to leave, should the renters decide to litigate.

Question (LA): My question is regarding a rather complex civil litigation. My job relocated my family to SW Louisiana from Kentucky in September 2006. Available housing was still at a prime post hurricanes Katrina and Rita. With only 90 days of temporary housing in a furnished corporate apartment provided by my relocation policy to secure permanent residence, we immediately began the search for our new home.

A foreclosure listing led us to a home that was listed by a local agent. The property was uninhabited and in need of numerous repairs. Research of the property showed that in 2002 it had been purchased by the current owners as a foreclosure. The current owners had relocated out-of-state and the home had been vacant on the market for 6 months. We obtained an estimate from a contractor for the repairs needed for the home and submitted an offer. After multiple contract negotiations we entered into an agreement to purchase the property, contingent upon inspections. At the time we signed the purchase agreement, we also signed an "as is" property addendum from the Seller's relocation company. Since the Sellers, like ourselves, were involved with a relocation company we knew that the addendum was standard operating procedure since the relocation company had no physical knowledge of the property.

We proceeded forward with the inspections, appraisal, etc., operating under the fact that the relocation company now owned the property. After a general inspection was performed, it became apparent that the seller had falsely answered a number of the questions on the disclosure statement. Immediately, we had specialty inspections performed to encompass the in-ground pool, septic system, HVAC system and electrical system. We submitted their reports to the Seller's agent, requesting that the Seller repair/replace all noted discrepancies in the reports prior to closing. We received word that the Sellers had agreed to make the repairs. A temporary housing extension was approved for a 4th month with an initial close date of December 28, 2006.

As a result of the mishandling of the closing we drafted a letter to the Sellers formally requesting that the Sellers, and the relocation company handling the sale of the property, initial the inspection report notations of all the repairs that needed to be made to the property prior to closing. Also, we submitted a list of all the expenses we had incurred, along with the invoices and receipts, requiring a signature of acknowledgement of the same parties for these expenses due to their delay.

Our Realtor gave this letter to the Sellers agent and made it clear that the Buyers would not close on the property until these signed documents were in hand. Numerous unsuccessful attempts by our Realtor to obtain these signed statements have been made. The only response that we have received is a verbal agreement to reimburse only the cost of our hotel.

On January 14, 2007, we returned to the property with our agent for the final walkthrough. Once again, we found that the repairs had not been started. In addition, we found additional problems that needed to be addressed by the Sellers. 1) The stovetop/oven was now displaying an error code on the LCD display along with sounding an alarm. Resetting the display will only quiet the alarm for a few seconds until it begins again. 2) The pool had been shocked, but the pump left running with all of the debris left in it. Both skimmers were full of debris, blocking the airflow. The underground water pump for the pool, which was working during the original pool inspection, was no longer functioning.

Appalled by the Sellers agent's blatant disregard for professional work ethic, our Realtor contacted the Seller's real estate agency to get some answers. Upon speaking with the Seller's agent, we learned that the paperwork had not been filed as previously promised. Now closing on the home has been delayed yet another month. There has not been any confirmation by the Sellers to repair/replace the additional problems to the property. Furthermore, the Sellers' agent now states that he never agreed to make a number of the original repairs to the property. Our Realtor has informed the Sellers' agent that we will not proceed with the closing until he provides the signed documentation we earlier requested. The Sellers' agent remains unresponsive to many calls and voicemails left by our agent regarding this situation.

At this point, we have currently accrued out-of-pocket expenses in the thousands with respect to this delayed closing. Not only has this been a financial hardship, but it has been tremendously stressful for my entire family. I am now seeking recourse for the damage that this has placed upon me and my family, but the question that remains is who is ultimately responsible for the delay?

Answer: The sellers are responsible for any statements provided in writing -- such as a seller disclosure notice, that prove to be misrepresentations or concealment of facts pertaining to the condition of the property.

The listing agent (representing the Sellers) is responsible for any misrepresentations or concealment of facts he or she made to your agent and/or to you, whether spoken or in writing, which contributed to your continuing attempts to purchase the property including without limitation the delays well after the original closing date.

We recommend that you hire a Louisiana attorney, successful in handling this type of litigation, despite the "as is" clause required by the relocation company.

Question (MT): I am looking at buying some property at a trustee sale. I found out that the property has a judgement against it. If I purchase the property, what happens with the judgement? Do they come after me as the buyer, do they continue to go after the previous owner or does it fall off?

Answer: A very good, in understandable layman's terms, write-up of the foreclosure processes in Montana is delivered by BorrowSmart . If you wish to access the Montana Property Code, however, it is located by clicking here .

In answer to your questions, we will assume that the subject property falls within the purview of the Small Tract Financing Act of Montana (15 acres or less), and that it has been legally and lawfully foreclosed upon, which is why you can purchase the property at a "trustee sale." In that event, once the property is conveyed to you it is yours. Although the old statutes provided for a one year right of redemption, the Small Tract Financing Act eliminates the borrower's right to redeem after a properly conducted foreclosure sale. The lender is also precluded from obtaining a deficiency judgment from the original borrower after a properly conducted foreclosure sale.

Question (NY): I immigrated to the United States in 2002 and started filing my IRS returns. I bought a house in Canada in 1990 and sold it in 2006. I didn't claim depreciation of my Canada property until 2002 when I became a US citizen. When dealing with re-capture of deprecation on my federal tax returns, shall I report/take depreciation allowed (1) 2002, 2003, 2004, 2005, and 2006 or (2)1990-2006 using 27-1/2 years?

Answer: We recommend that you obtain help from a professional such as a CPA, Enrolled Agent, tax attorney or other professional.

Generally speaking, each tax return filed with the Internal Revenue Service stands on its own with certain exceptions such as Net Operating Losses and any applicable carryover provisions.

Also, you may have unresolved issues pertaining to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA). The bottom line in both situations is to get professional help.