| Subject | Date Asked | Expert |
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| Is a Real Estate Contract a Probate Item | 11/22/2009 | John Souerbry |
Q: A Real Estate Contract was recently executed in the State of WA between a single man (Seller) and a ...
A: I think you're on the right track, but these things can get technical and it's a good idea to see an ...
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| Is a Real Estate Contract a Probate Item | 11/22/2009 | John Souerbry |
Q: A Real Estate Contract was recently executed in the State of WA between a single man (Seller) and a ...
A: Anything not in trust will likely go through probate. You might ask the seller why he won't put the ...
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| Getting out of Listing Agreement after Father's Death | 11/17/2009 | Tristan Celayeta |
Q: My father signed an agreement with an agent for 6% and a low asking price on September 29th. He was ...
A: The listing agent can not profit without Acceptance by the successors. It is virtually impossible to ...
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| Foreclosure Sale in condo; HOA owed money | 10/26/2009 | John Souerbry |
Q: John, I am in an 18 unit condo with CCRs dating from 1978 when it was converted to condos from an ...
A: I recommend you speak with an attorney regarding your legal options. If you put a lien on the ...
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| Foreclosure Sale in condo; HOA owed money | 10/26/2009 | John Souerbry |
Q: John, I am in an 18 unit condo with CCRs dating from 1978 when it was converted to condos from an ...
A: Pat, If your HOA fees do subordinate all mortgages, your claim may be against the escrow and/or ...
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| Can't sell Manufactured home | 10/20/2009 | Tristan Celayeta |
Q: We bought our 1987 manufactured home that is in a park in Riverbank, CA, 7 years ago for $75,000. ...
A: Carol, Sounds as though your husband has it close to right. The future is a mystery but his read on ...
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| Discloser | 10/20/2009 | John Souerbry |
Q: We are thinking of selling our home. We have a neighbor that we have been having problems with. He ...
A: It is frequently said - when in doubt, disclose. You are not required to disclose personality ...
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| Deposit refund or forfeiture | 10/7/2009 | John Souerbry |
Q: My fiance & I put a $500 deposit made out to escrow to start the process of a possible purchase on a ...
A: I'm not licensed for mobile home sales, so I can't give you a useful opinion regarding your contract ...
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| ID requirement with lease | 9/28/2009 | John Souerbry |
Q: After filling out a lease application and receiving a signed lease, the landlord sent me an email ...
A: Normally, if that was required for credit and background checks it should have been done before the ...
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| Title gift, 50% title transfer | 9/22/2009 | John Souerbry |
Q: My parents own 3 properties; Primary residence, recreation home, and their former primary residence. ...
A: There are a lot of moving parts to your question, but the only answer I can provide is a ...
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| Foreclosure Offer | 9/17/2009 | John Souerbry |
Q: We submitted an offer on an REO home three weeks ago. The listing agent wasn't returning our agents ...
A: Sorry to hear about you getting the run-around. Here are my comments: - Your agent needs to get ...
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| Seller not installing items as agreed | 9/14/2009 | John Souerbry |
Q: I recently purchased a condo in a new development. As part of the purchase agreement I asked that a ...
A: Do you have the agreement in writing? In California, all agreements regarding real estate must be ...
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| Default on Heloc | 9/2/2009 | John Souerbry |
Q: Our house is worth about $350,000. The 1st TD is $500,000 and the 2nd is $200,000. The home was ...
A: You can never tell what a HELOC note holder might do. I've seen many buy out the first deed holder ...
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| Contingencies | 8/23/2009 | John Souerbry |
Q: The broker released the contingencies after the bank told him that my loan was ...
A: As a broker that often represents sellers, I usually don't ask for a pentalty payment if the buyer ...
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| real estate listing | 8/17/2009 | Tristan Celayeta |
Q: How many days do you have to terminate a signed listing agreement.
A: Keith, It is written in the Listing Agreement! The Listing Agreement contains ALL the terms. Speak ...
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| CA foreclosure - collections? | 8/10/2009 | Tristan Celayeta |
Q: I have received 2 opposite answers so maybe you can help to clear this up! I took an 80/20 loan to ...
A: Justine, Here is a link FYI about "deficiency judgements" after foreclosure in California. ...
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| California: adding spouse to title deed | 8/7/2009 | John Souerbry |
Q: I recently refinanced. The broker had me remove my wife off title to refi for credit score reasons ...
A: I believe your loan broker may have given you bad info: you can take a spouse off the note without ...
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| Loan funding not available on closing date | 7/31/2009 | John Souerbry |
Q: If my buyer's loan funding is not available on closing date, am I obligated to give him an ...
A: Why won't the buyer sign the cancellation? If they don't respond to phone calls and nice requests ...
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| countering a counteroffer | 7/30/2009 | John Souerbry |
Q: We feel that we've been mislead into submitting a higher offer than necessary to secure a ...
A: A counter offer automatically supercedes any previous offer, therefore you can put anything you want ...
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| Listing Agreement | 7/27/2009 | John Souerbry |
Q: I've signed a listing agreement to give the agent (who is also a broker) the exclusive right to sell ...
A: Most listing agreements don't have a termination clause. The listing agreement protects the ...
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| Loan funding not available on closing date | 7/23/2009 | John Souerbry |
Q: If my buyer's loan funding is not available on closing date, am I obligated to give him an ...
A: Before you cancel, you need to have your agent submit a form that gives notice to the buyer that ...
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| General Adivse on Rental | 7/22/2009 | John Souerbry |
Q: My situation is that I have 3brm investment rental property in Stockton, CA that I bought for ...
A: Vic, If the market value is $130k and the current balance on the mortgage is about $170k, you'll ...
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| late hoa disclosures | 7/20/2009 | John Souerbry |
Q: After opening escrow, we received a buyers estimated closing statement to be signed and enclosed was ...
A: If you are ready to close, the issue is not how much time you have to read the disclosures, but that ...
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| Loan funding not available on closing date | 7/18/2009 | John Souerbry |
Q: If my buyer's loan funding is not available on closing date, am I obligated to give him an ...
A: Diane, Your question has a lot of moving parts, but if you are looking for a way to get out of the ...
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| Contingency Removal and physically performing an appraisal | 7/16/2009 | John Souerbry |
Q: We gave the buyer 17 days to do the inspection, appraisal, etc... After 17 days, we gave them a ...
A: There is no connection between the buyer doing the appraisal and you wanting to back out. Even if ...
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| The check for earnest money bounced | 7/14/2009 | Yanni Raz |
Q: I have a buyer who made an offer to buy my house when it first got listed. They gave me the check ...
A: You can cancel if you didnt receive any new check that is good. If the buyer alreay reply to your ...
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| First Time Buyer Class | 7/13/2009 | Tristan Celayeta |
Q: Will I qualify for a lower mortgage rate if I am a first time home buyer and take a first time home ...
A: Kim, The first time home buyer situation is in flux. It's time to establish a relationship with a ...
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| offer expiration | 7/2/2009 | John Souerbry |
Q: We made an offer on a house and the sellers came back with an "addendum" to our original offer-- ...
A: If your offer was made using a standard California Association of Realtors (CAR) form, Section 31 ...
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| Selling real estate if Caliornia | 6/29/2009 | John Souerbry |
Q: As a licensed real estate agent in California, can one work directly from their own home, or must ...
A: Arleen, There are two answers to your1) If you hold a real estate salesperson license, you must work ...
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| Loan contingency | 6/27/2009 | Yanni Raz |
Q: I have a loan contingency in place until the loan funds. Can I voluntarily decline a loan offered ...
A: You can cancel the loan or stay with it, it's up to you but you have to remember that the ...
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| Re: Selling real estate in California | 6/26/2009 | Yanni Raz |
Q: Does a real estate agent in California generally get from the owner of a house (or apartment owner, ...
A: The only problem I see is the access to the professionals that can really help you to close the ...
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| Adding names to an existing property - Advantages/Disadvantages | 6/21/2009 | John Souerbry |
Q: My wife and I have been talking with our in-laws about moving our two families in together in their ...
A: You've got a lot of moving parts in what you want to do, and there could be some problems. I ...
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| Re: Selling real estate in California | 6/17/2009 | Yanni Raz |
Q: Does a real estate agent in California generally get from the owner of a house (or apartment owner, ...
A: It depends on the real estate agent youre working with. Normally real estate agents like to sign an ...
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| HELOC Foreclosure | 6/11/2009 | John Souerbry |
Q: I know that you stated in another persons question that a HELOC is a secured loan. The collection ...
A: I can't give you a specific answer without seeing the actual line of credit agreement, deed of ...
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| Last mont's rent refund | 6/11/2009 | Yanni Raz |
Q: My tenants of a single family house in Los Angeles, CA gave the 30 day notice on March 15th saying ...
A: By law tenants need to give you 30 days notice to move out and get their deposit back(after ...
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| Adding my girlfriend's name to home title | 6/9/2009 | John Souerbry |
Q: I bought a home with just my name on the mortgage and title. I would like to add my girlfriend's ...
A: Yes, you can gift any percentage of the value to your girlfriend and a title company can prepare and ...
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| Renting question in regards to pet deposit | 5/27/2009 | John Souerbry |
Q: We have a roommate moving out of our place in July. We informed our management company that we will ...
A: I'd ask the management company to quote specifically where in the law it says they have 3 months. ...
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| Escrow rules and backing out | 5/26/2009 | John Souerbry |
Q: We were advised by our realtor to make multiple offers on three condos in a mountain resort. If ...
A: Generally, yes. I don't usually recommend making multiple offers, but in some markets it may be the ...
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| tenants in common | 5/25/2009 | John Souerbry |
Q: we want to help our daughter and her husband purchase a property. we are thinking they would put ...
A: The most common approach to helping children buy a home is to make a cash gift to them for the down ...
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| Failure to disclose? | 5/22/2009 | John Souerbry |
Q: I just closed escrow on a condo in Woodland Hills. Now I'm informed by the management company that ...
A: CC&Rs seldom address security or other operating procedures that the management company will ...
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