Question: We found out that our brand new vacation home was previously occupied. We are the first owners but the home was used for almost two years. The developer never disclosed this to us.
They went in and repainted and put in new carpet and sold it as "new." Other homes in the development were for resale, but we chose this one because we thought it was new. The other homes sold for less than what we paid. What can we do?
Answer: The unit was apparently in the builder's stock. Did title ever change hands prior to your purchase?
The unit was at least two years old. Did you think there would be no wear-and-tear in a two-year-old property? Or, was there excess wear-and-tear? If so, did you adjust the price accordingly when you made an offer?
Other homes sold for less. But perhaps your home was in better shape. Did the other units sell at the same time as when you purchased? Or, did the market change?
How, exactly, did you find out about past use? Was there damage to the unit? Dirty appliances? Did you notice any problems at the time you made an offer or during the walk-through? Did you have a home inspector who found something wrong with the property?
Did the builder say the property was "never occupied"? Did the builder say the unit was "brand new" or "like new" -- there is a difference. Why do you think new painting and carpets were required?
You can certainly speak with an attorney, but if damages are limited this may be one case where it's best to enjoy your unit and save legal fees.
Question: I purchased a house from a separated couple. Escrow closed five days ago but now one of the spouses does not want to leave. What can I do? How long after closing can the legally stay at the property?
Answer: Did both spouses sign the sale agreement and all closing papers? If yes, you bought the property. You received the keys at closing. You started paying taxes, insurance and interest as of closing. Unless there's a post-settlement occupancy agreement then the place is yours once closing is complete.
Was the spouse out of the property at the time of the pre-settlement walk-through? If no, you should have required removal of the spouse as a condition of closing. In other words, no closing and no money for the seller until the matter was resolved.
(Actually, you should have required that the spouse must be out of the house 24 hours before closing so that removal would automatically be an issue for the seller.)
What you may have is a "tenant at sufferance" -- an unwanted tenant. Contact an attorney immediately. Unless there's rent control, ask if you can charge a daily rental fee -- perhaps one that doubles each day.
You may have to go to court, however that may not be necessary once your lawyer explains the rental rate and the potential for damages to the spouse. Under no condition take any action against the spouse by yourself or engage in any acts of "constructive eviction" such as cutting off the electricity.
Another idea: In some cases it may be cheaper and easier to offer the spouse a "moving allowance" rather than suing for eviction. Speak with your attorney for details.
Question: I'm an investor in a Florida subdivision. I'm also in the U.S. Air Force and currently deployed in support of Operation Iraqi Freedom. I submitted a request via e-mail to the property management group in charge of our subdivision in November to build a fence. I didn't hear back from them for five weeks and pressed forward with a contractor to construct the fence.
I just received notice from my homeowner's association that I'm in violation of the Covenants, Conditions and Restrictions (CCRs) of my homeowners association for not gaining the formal approval before I constructed the fence. The notification also stated that the board is considering sending my infraction to an attorney for compliance and that all legal fees would be at my expense. I need to know where I might find any federal or state legislation that might grant me a waiver on the legal proceedings due to my military status until I return to handle this matter in person.
Answer: First, you need to know that people across the country appreciate your military service.
Second, it doesn't matter whether you're an investor or an owner-occupant. Everyone must respect the same rules -- and the HOA must apply the same standards to all owners.
This is a situation which has some bumps. You did ask permission to erect the fence and thus had an expectation of a reply within a reasonable time frame. Whether or not five weeks is "reasonable" can be debated.
Alternatively, you did not actually have permission to put up the fence.
What to do?
Speak with an attorney from the judge advocate general's office for legal advice -- there must be a JAG office or equivalent in the local area that can be reached by e-mail. No less important, try to move this issue away from laws and courts and into the realm of common sense.
Is there a gracious way to resolve this matter? Is the issue just territory and authority or is the fence somehow not up to par? After you speak with the JAG office and with their okay, perhaps you could drop the HOA a note expressing regret, acknowledge that there was some confusion because of the time that passed and the distance involved, and then ask them to approve the fence after-the-fact. Given your physical distance and your military service, they can likely justify the resolution of this issue without further dispute and this way everyone can walk away and save face.
As well, you might want to contact neighbors and ask if they can provide assistance. Veteran's groups in the area might be able to provide free legal services, and they may want to have a discussion with the HOA on your behalf.
Question: I'm a first time home buyer. I'm 18 years old and getting married in April to a man who is 23 years old. He has good credit but I'm afraid we won't be able to get a mortgage in time for the wedding.
He has two car loans already and his jobs aren't really that great. If you put all three of his jobs together he makes around six to seven hundred dollars a week.
Where do you think would be the best place for us to get a loan. Where is the first place we should try?
Answer: You should be congratulated for thinking ahead and your future husband should be recognized for his willingness to work.
It's not necessary to have a mortgage in place by the time you're married. In fact, it may not be a good choice. The reason is that you, at age 18, need some time to either continue your education or get a job. The first choice will increase your potential earnings while the second will help you generate dollars that can be used to build savings and pay off those pesky car loans.
Before buying a home you need to consider your local market and your preferences. Are home prices rising or falling? Is the job base growing? Is the population increasing? How will you get to work? Where will you be living in five years?
You can speak with several lenders regarding loan programs that might work for you. Once you can qualify for a program you will know how much house you can afford. Then speak with a local broker regarding properties now available that would meet your needs.
As to a new home by your wedding day, allow me to suggest that you are best served carefully examining your options and waiting until the right property is available. If that happens by your wedding day that's great; if not, that's okay too. The purchase of a home is a long-term investment, a process which should not be rushed.
Question: I want to sell a 15-unit apartment building for condo conversion. How do I get the tenants out of building after first right to purchase process is over?
Answer: Given that tenants have a "first right to purchase" the property must be located in a community with some form of rent control. No doubt your property is not the first condo conversion in the community. This suggests that there are systems and formats in place to accomplish what you want, and also rules that must be followed.
The idea of a "condominium" is not just that individual units can be sold off. There must be a legal description of each unit as well as a body of rules and by-laws which govern how the entire property will be operated, who pays for what, etc.
As to tenants, you must follow whatever standards rent control may require in your community. For instance, after the individual right-to-purchase period ends do tenants then have a period to jointly purchase the entire property? How long?
Go no further with this -- and speak to no tenant -- until you have obtained advice from a qualified attorney.
Question: How are home inspectors trained? If someone inspects your home and they miss a major problem or deliberately lie about the condition of a home, who is responsible for the repairs? Are home inspectors bonded, licensed or certified?
Answer: These are all good questions and the time to raise such issues is before an inspector -- or any professional -- is retained.
There are private and public standards in place for home inspectors. On the private side, the American Society of Home Inspectors, Inc. (ASHI) says that its members are "required to successfully complete two written examinations that test their knowledge of building systems and components and of the ASHI Standards of Practice and Code of Ethics. They must also successfully pass the National Home Inspector Examination. To become a Member inspectors' reports are verified as meeting the ASHI Standards of Practice, and they must have performed a minimum of 250 fee-paid inspections. Candidates with logo use privileges must have completed all the requirements of a Member, and they have performed a minimum of 50 verified fee-paid inspections, becoming a full Member only after completing an additional 200 fee-paid inspections. ASHI Inspectors must also obtain ongoing education to stay current on the latest information pertaining to buildings and their systems."
On the public side, see what standards are required in your state to offer home inspection services. The field is increasingly regulated.
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