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4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20j200
|
d20a0a3
| 1,460,506,142 | 1,460,492,887 | 14 | 13 |
My initial reaction is abso-fucking-lutely not. Give up road frontage to solve their problem? How about no. Unless you have acres of road front I wouldn't even consider it.
|
NO. Do not redraw plots. Not your problem. This will be a ton of legal fees for you, and if it's screwed up it could block you from selling your house.
| 1 | 13,255 | 1.076923 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d209ecj
|
d20j200
| 1,460,492,131 | 1,460,506,142 | 6 | 14 |
Why do they need the 80 feet of roadside property?
|
My initial reaction is abso-fucking-lutely not. Give up road frontage to solve their problem? How about no. Unless you have acres of road front I wouldn't even consider it.
| 0 | 14,011 | 2.333333 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20a0a3
|
d20ku8g
| 1,460,492,887 | 1,460,508,976 | 13 | 14 |
NO. Do not redraw plots. Not your problem. This will be a ton of legal fees for you, and if it's screwed up it could block you from selling your house.
|
Do you want to be landlocked? This is how that happens. Seriously. Your neighbor should fix this by getting a location survey, then using their attorney to fix the deed if necessary or possible. This is your neighbor's problem, not yours. They're looking for a cheap, quick, and easy way to fix a problem rather than the right way to fix it.
| 0 | 16,089 | 1.076923 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20ku8g
|
d209ecj
| 1,460,508,976 | 1,460,492,131 | 14 | 6 |
Do you want to be landlocked? This is how that happens. Seriously. Your neighbor should fix this by getting a location survey, then using their attorney to fix the deed if necessary or possible. This is your neighbor's problem, not yours. They're looking for a cheap, quick, and easy way to fix a problem rather than the right way to fix it.
|
Why do they need the 80 feet of roadside property?
| 1 | 16,845 | 2.333333 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20a0a3
|
d209ecj
| 1,460,492,887 | 1,460,492,131 | 13 | 6 |
NO. Do not redraw plots. Not your problem. This will be a ton of legal fees for you, and if it's screwed up it could block you from selling your house.
|
Why do they need the 80 feet of roadside property?
| 1 | 756 | 2.166667 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20lqln
|
d209ecj
| 1,460,510,393 | 1,460,492,131 | 7 | 6 |
Why the hell would you do this for free regardless of any sort of easement provided by them... this will permanently decrease the value of your property.
|
Why do they need the 80 feet of roadside property?
| 1 | 18,262 | 1.166667 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20l83t
|
d20lqln
| 1,460,509,586 | 1,460,510,393 | 2 | 7 |
I'd go speak with a real estate attorney (not theirs)
|
Why the hell would you do this for free regardless of any sort of easement provided by them... this will permanently decrease the value of your property.
| 0 | 807 | 3.5 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20utwi
|
d20uqey
| 1,460,527,719 | 1,460,527,453 | 6 | 3 |
1. Do ot sign a quit claim deed 2. You and your neighbor would need to look at the original legal descriptions to see what lies where since you mentioned he said that the property lines got messed up years before. 3. If you have a mortgage the mortgage company needs to review this. Depending on your loan to value ratio and what your land is valued at you may not have enough equity to give up 80 feet of land. The land a house stands on is also taken into consideration when the propert is appraises and this could affect the value of your home. If your property is valued at 125.00 per square foot and they want 80 feet 125.00*80=10,000.00 so your value could be adversely affect and drop 10K ( hypothetical numbers were used) 4. You would need a permanent easement to access your house which requires the land to be surveyed and legal descriptions changed. This could also affect the value of your property while increasing his. 5. And you can't just arbitrarily quit claim 80 feet of property. Your neighbor has zero idea what he's talking about 6. TELL HIM NO.
|
Sounds like they're trying to demand you fork over some land and only want to give you an easement as compensation. You have absolutely no obligation to give them that land. You have no obligation to sell them that land, though if you want to then you should get a surveyor to give an appraisal value for it. All you have to lose from not signing the quitclaim is the goodwill of your neighbor.
| 1 | 266 | 2 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20utwi
|
d20l83t
| 1,460,527,719 | 1,460,509,586 | 6 | 2 |
1. Do ot sign a quit claim deed 2. You and your neighbor would need to look at the original legal descriptions to see what lies where since you mentioned he said that the property lines got messed up years before. 3. If you have a mortgage the mortgage company needs to review this. Depending on your loan to value ratio and what your land is valued at you may not have enough equity to give up 80 feet of land. The land a house stands on is also taken into consideration when the propert is appraises and this could affect the value of your home. If your property is valued at 125.00 per square foot and they want 80 feet 125.00*80=10,000.00 so your value could be adversely affect and drop 10K ( hypothetical numbers were used) 4. You would need a permanent easement to access your house which requires the land to be surveyed and legal descriptions changed. This could also affect the value of your property while increasing his. 5. And you can't just arbitrarily quit claim 80 feet of property. Your neighbor has zero idea what he's talking about 6. TELL HIM NO.
|
I'd go speak with a real estate attorney (not theirs)
| 1 | 18,133 | 3 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20ubno
|
d20utwi
| 1,460,526,355 | 1,460,527,719 | 2 | 6 |
If he buggered around building the thing he's already shown a blatant disrespect for the law. This guy was fine ignoring building codes and the gub'mint he's certainly won't have an issue screwing you over. I'd be terrified he'd half ass the driveway frankly. He'll be long gone before you realize he's screwed you, then what?
|
1. Do ot sign a quit claim deed 2. You and your neighbor would need to look at the original legal descriptions to see what lies where since you mentioned he said that the property lines got messed up years before. 3. If you have a mortgage the mortgage company needs to review this. Depending on your loan to value ratio and what your land is valued at you may not have enough equity to give up 80 feet of land. The land a house stands on is also taken into consideration when the propert is appraises and this could affect the value of your home. If your property is valued at 125.00 per square foot and they want 80 feet 125.00*80=10,000.00 so your value could be adversely affect and drop 10K ( hypothetical numbers were used) 4. You would need a permanent easement to access your house which requires the land to be surveyed and legal descriptions changed. This could also affect the value of your property while increasing his. 5. And you can't just arbitrarily quit claim 80 feet of property. Your neighbor has zero idea what he's talking about 6. TELL HIM NO.
| 0 | 1,364 | 3 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20utwi
|
d20uoly
| 1,460,527,719 | 1,460,527,316 | 6 | 2 |
1. Do ot sign a quit claim deed 2. You and your neighbor would need to look at the original legal descriptions to see what lies where since you mentioned he said that the property lines got messed up years before. 3. If you have a mortgage the mortgage company needs to review this. Depending on your loan to value ratio and what your land is valued at you may not have enough equity to give up 80 feet of land. The land a house stands on is also taken into consideration when the propert is appraises and this could affect the value of your home. If your property is valued at 125.00 per square foot and they want 80 feet 125.00*80=10,000.00 so your value could be adversely affect and drop 10K ( hypothetical numbers were used) 4. You would need a permanent easement to access your house which requires the land to be surveyed and legal descriptions changed. This could also affect the value of your property while increasing his. 5. And you can't just arbitrarily quit claim 80 feet of property. Your neighbor has zero idea what he's talking about 6. TELL HIM NO.
|
What ever you do, do not accept "a paved driveway" as payment. Real estate transactions are a cash or loan only type of transaction.
| 1 | 403 | 3 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20l83t
|
d20qn4w
| 1,460,509,586 | 1,460,518,469 | 2 | 6 |
I'd go speak with a real estate attorney (not theirs)
|
Honestly, just say "No". Say as little as possible. Give no reason, no explanation, just no and you're not interested in continuing the discussion.
| 0 | 8,883 | 3 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20uqey
|
d20l83t
| 1,460,527,453 | 1,460,509,586 | 3 | 2 |
Sounds like they're trying to demand you fork over some land and only want to give you an easement as compensation. You have absolutely no obligation to give them that land. You have no obligation to sell them that land, though if you want to then you should get a surveyor to give an appraisal value for it. All you have to lose from not signing the quitclaim is the goodwill of your neighbor.
|
I'd go speak with a real estate attorney (not theirs)
| 1 | 17,867 | 1.5 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20ubno
|
d20uqey
| 1,460,526,355 | 1,460,527,453 | 2 | 3 |
If he buggered around building the thing he's already shown a blatant disrespect for the law. This guy was fine ignoring building codes and the gub'mint he's certainly won't have an issue screwing you over. I'd be terrified he'd half ass the driveway frankly. He'll be long gone before you realize he's screwed you, then what?
|
Sounds like they're trying to demand you fork over some land and only want to give you an easement as compensation. You have absolutely no obligation to give them that land. You have no obligation to sell them that land, though if you want to then you should get a surveyor to give an appraisal value for it. All you have to lose from not signing the quitclaim is the goodwill of your neighbor.
| 0 | 1,098 | 1.5 |
4ehmmm
|
legaladvice_train
| 0.94 |
Neighbor wants to buy a small piece of my property using a quitclaim deed so he can sell his house. I'm in the state of Georgia and my next door neighbor built a house for his daughter and her family behind his property. They put in a shared driveway directly between our houses for them to use. I have my own gravel driveway next to theirs. They have the home for sale, but they need 80 feet of roadside property to sell their home, and all they have is the few feet of driveway at the road (I was told their current deed doesn't match what's on county records, though I'm not exactly sure why). They are asking me to sign a quitclaim deed that would transfer 80 feet of my roadside property to them, which would include about a 20 foot length of my driveway at the road. They said the attorney would include wording that would give me and anyone who I ever sell my home to permanent access to/through the end of the driveway and I couldn't be blocked off. In return he would pay to have my driveway paved. I am lost on what to do here. I'm not sure of what risks, if any, this could bring me in the future, or how legal it will really be. Could this put me in hot water down the line? Could future owners potentially block off the part of my driveway they own, even with the wording in the quitclaim? Would it effect the sale of my home when I decide to sell? I'm not obligated to do anything, but I sure would like my driveway paved. I hope I'm in the right subreddit for this type of advice. Any given would be greatly appreciated.
|
d20uqey
|
d20uoly
| 1,460,527,453 | 1,460,527,316 | 3 | 2 |
Sounds like they're trying to demand you fork over some land and only want to give you an easement as compensation. You have absolutely no obligation to give them that land. You have no obligation to sell them that land, though if you want to then you should get a surveyor to give an appraisal value for it. All you have to lose from not signing the quitclaim is the goodwill of your neighbor.
|
What ever you do, do not accept "a paved driveway" as payment. Real estate transactions are a cash or loan only type of transaction.
| 1 | 137 | 1.5 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iobcqw4
|
iobx905
| 1,663,106,168 | 1,663,115,118 | 255 | 696 |
If they want you to give up a property right, perhaps they should offer you compensation.
|
Hi, I’m an attorney in Alabama. Not your attorney and this isn’t legal advice. Alabama, as most states is a buyer-beware state. If they have a buyer who doesn’t know about the covenants then that’s between the buyer and the seller. You don’t have do anything. However, I’d contact the Alabama State Bar referral service at 1-800-392-5660 and ask for a real estate attorney referral. They’ll provide you the name of an attorney who practices that type of law in your area. Make sure you specify that you need a real estate attorney, not just a closing attorney. A closing attorney may can help but I’d want someone with a wider practice than just closings.
| 0 | 8,950 | 2.729412 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iobx0j8
|
iobx905
| 1,663,115,013 | 1,663,115,118 | 142 | 696 |
Never sign anything for free. You should talk to a lawyer, find out the potential consequences of this, and determine fair compensation for them. It's possible that the consequences are practically nothing, but you should be sure, and the minimum you should ask for then is the fees you paid the lawyer for a consult. FWIW, it sounds like you have your neighbor by the balls if they are "required" to get you to sign this document for the sale to move forward, so you don't have to be shy about asking for fair compensation... or unfair compensation... as you see fit. /u/jdc90403 suggested they need to buy 2.5' of your property and if you are willing to part with it, that's a pretty reasonable option. Instead of signing the document, sell them the land at a fair (or higher) price. Then the covenants will no longer be an issue moving forward. That would also be a benefit for both of you should either of you sell later on. I would definitely be wary of buying a house where the previous owner signed a variant like they are asking you to.
|
Hi, I’m an attorney in Alabama. Not your attorney and this isn’t legal advice. Alabama, as most states is a buyer-beware state. If they have a buyer who doesn’t know about the covenants then that’s between the buyer and the seller. You don’t have do anything. However, I’d contact the Alabama State Bar referral service at 1-800-392-5660 and ask for a real estate attorney referral. They’ll provide you the name of an attorney who practices that type of law in your area. Make sure you specify that you need a real estate attorney, not just a closing attorney. A closing attorney may can help but I’d want someone with a wider practice than just closings.
| 0 | 105 | 4.901408 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioct5mt
|
iock8ue
| 1,663,130,306 | 1,663,125,592 | 86 | 78 |
Check with your mortgage. You might not be allowed to sign if you wanted to. Any liens against your property would apply to that 2.5ft even if you sign it away. Maybe ask then to front the cost of amending the mortgage and re-recording your deed. I do title reports for attorneys in PA
|
You had already told them before and they chose to ignore it. I personally wouldn’t sign it without an attorney to consult with.
| 1 | 4,714 | 1.102564 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc29o8
|
ioct5mt
| 1,663,117,332 | 1,663,130,306 | 52 | 86 |
dont sign. they did this intentionally. theyll pay if you want money. call a real estate attorney. Your neighbors will pay for that too
|
Check with your mortgage. You might not be allowed to sign if you wanted to. Any liens against your property would apply to that 2.5ft even if you sign it away. Maybe ask then to front the cost of amending the mortgage and re-recording your deed. I do title reports for attorneys in PA
| 0 | 12,974 | 1.653846 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocf8gr
|
ioct5mt
| 1,663,123,128 | 1,663,130,306 | 37 | 86 |
Who is the permitting authority that could grant the variance from the set-back requirements? County is typically the answer in rural areas, or are these codes and covenants for the development as granted/approved as part of the approved planned development? I’m pretty certain that you aren’t the authority to grant a variance from the standards, so even if you signed something it may not solve the issue. In fact, I’d be VERY leery of signing anything as it would seem like the only solution that you could provide is giving/selling the 2.5’ of property. It’s up to the approval authority to either permit a variance or require the property owner to remedy the situation, which is move the house or buy the land. Once it’s remedied, then the sale can happen. I’d they knew the rules and ignored them, that’s on them. You could be a good neighbor and if the approval/permitting authority allows a variance with your agreement as the effected party, that’s different. No matter what, their choice to ignore the rules impacts your property values and entitles you to recompense. Either they buy the land outright (if you want that) or pay you to even up the value lost at which point you can sign off a variance that’s been submitted and approved by the permitting authority that established the set-back requirements.
|
Check with your mortgage. You might not be allowed to sign if you wanted to. Any liens against your property would apply to that 2.5ft even if you sign it away. Maybe ask then to front the cost of amending the mortgage and re-recording your deed. I do title reports for attorneys in PA
| 0 | 7,178 | 2.324324 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioct5mt
|
iocsdet
| 1,663,130,306 | 1,663,129,838 | 86 | 32 |
Check with your mortgage. You might not be allowed to sign if you wanted to. Any liens against your property would apply to that 2.5ft even if you sign it away. Maybe ask then to front the cost of amending the mortgage and re-recording your deed. I do title reports for attorneys in PA
|
Absolutely speak to a lawyer! Don't sign anything.
| 1 | 468 | 2.6875 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc9o3b
|
ioct5mt
| 1,663,120,605 | 1,663,130,306 | 25 | 86 |
Nope, get a dirt lawyer (real property) to review. Things to provide if you have them: deeds, plat, last survey. They can get, but more you provide the better.
|
Check with your mortgage. You might not be allowed to sign if you wanted to. Any liens against your property would apply to that 2.5ft even if you sign it away. Maybe ask then to front the cost of amending the mortgage and re-recording your deed. I do title reports for attorneys in PA
| 0 | 9,701 | 3.44 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioct5mt
|
ioccopx
| 1,663,130,306 | 1,663,121,962 | 86 | 28 |
Check with your mortgage. You might not be allowed to sign if you wanted to. Any liens against your property would apply to that 2.5ft even if you sign it away. Maybe ask then to front the cost of amending the mortgage and re-recording your deed. I do title reports for attorneys in PA
|
So many questions. The house is built already and obviously passed city inspection, is the HOA wanting this variance, and if so, for what purpose? I see in the thread you mentioned to the owners the 15ft set back when they were building but they chose to do something different. Clearly they chose to be non-compliant. There is no reason you should have to remedy a situation for them that they chose to put themselves in. This is between them, their buyer and the HOA. “NO”, is a reasonable response.
| 1 | 8,344 | 3.071429 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioct5mt
|
iocby7t
| 1,663,130,306 | 1,663,121,625 | 86 | 27 |
Check with your mortgage. You might not be allowed to sign if you wanted to. Any liens against your property would apply to that 2.5ft even if you sign it away. Maybe ask then to front the cost of amending the mortgage and re-recording your deed. I do title reports for attorneys in PA
|
Don’t Sign anything without advice from a real estate attorney. I would say, hell no, and whoever was overseeing the permits, should also have to deal with it. Whether it’s city or county.
| 1 | 8,681 | 3.185185 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iock8ue
|
iodbn2u
| 1,663,125,592 | 1,663,142,945 | 78 | 79 |
You had already told them before and they chose to ignore it. I personally wouldn’t sign it without an attorney to consult with.
|
From the comments here, it sounds like they built their house two and a half feet closer to your property line than they should have been allowed. I don't have any familiarity with Alabama law and how these covenants work, but this may give you the right to demand compensation from them in exchange for the variance. In some states setback requirements can be strictly enforced, meaning they could be forced to move the house 2.5 feet away from you, an obviously extremely expensive endeavor. The compromise would be to get you to agree to waive the setback requirement, but your hesitance to just agree to a variance without any compensation is wise. If Alabama allows, you could potentially sue them to force them to move the house (or make it smaller). It seems like they don't want that. I definitely agree with others that an Alabama real estate attorney would be wise. They can make sure the terms of the proposed variance don't overreach and may be able to get you reasonable compensation for the variance. Again, I don't know how strictly these covenants are enforced or how they are enforced, but an Alabama attorney would help inform you of your options.
| 0 | 17,353 | 1.012821 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iock8ue
|
ioc29o8
| 1,663,125,592 | 1,663,117,332 | 78 | 52 |
You had already told them before and they chose to ignore it. I personally wouldn’t sign it without an attorney to consult with.
|
dont sign. they did this intentionally. theyll pay if you want money. call a real estate attorney. Your neighbors will pay for that too
| 1 | 8,260 | 1.5 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iock8ue
|
iocf8gr
| 1,663,125,592 | 1,663,123,128 | 78 | 37 |
You had already told them before and they chose to ignore it. I personally wouldn’t sign it without an attorney to consult with.
|
Who is the permitting authority that could grant the variance from the set-back requirements? County is typically the answer in rural areas, or are these codes and covenants for the development as granted/approved as part of the approved planned development? I’m pretty certain that you aren’t the authority to grant a variance from the standards, so even if you signed something it may not solve the issue. In fact, I’d be VERY leery of signing anything as it would seem like the only solution that you could provide is giving/selling the 2.5’ of property. It’s up to the approval authority to either permit a variance or require the property owner to remedy the situation, which is move the house or buy the land. Once it’s remedied, then the sale can happen. I’d they knew the rules and ignored them, that’s on them. You could be a good neighbor and if the approval/permitting authority allows a variance with your agreement as the effected party, that’s different. No matter what, their choice to ignore the rules impacts your property values and entitles you to recompense. Either they buy the land outright (if you want that) or pay you to even up the value lost at which point you can sign off a variance that’s been submitted and approved by the permitting authority that established the set-back requirements.
| 1 | 2,464 | 2.108108 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc9o3b
|
iock8ue
| 1,663,120,605 | 1,663,125,592 | 25 | 78 |
Nope, get a dirt lawyer (real property) to review. Things to provide if you have them: deeds, plat, last survey. They can get, but more you provide the better.
|
You had already told them before and they chose to ignore it. I personally wouldn’t sign it without an attorney to consult with.
| 0 | 4,987 | 3.12 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iock8ue
|
ioccopx
| 1,663,125,592 | 1,663,121,962 | 78 | 28 |
You had already told them before and they chose to ignore it. I personally wouldn’t sign it without an attorney to consult with.
|
So many questions. The house is built already and obviously passed city inspection, is the HOA wanting this variance, and if so, for what purpose? I see in the thread you mentioned to the owners the 15ft set back when they were building but they chose to do something different. Clearly they chose to be non-compliant. There is no reason you should have to remedy a situation for them that they chose to put themselves in. This is between them, their buyer and the HOA. “NO”, is a reasonable response.
| 1 | 3,630 | 2.785714 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iock8ue
|
iocby7t
| 1,663,125,592 | 1,663,121,625 | 78 | 27 |
You had already told them before and they chose to ignore it. I personally wouldn’t sign it without an attorney to consult with.
|
Don’t Sign anything without advice from a real estate attorney. I would say, hell no, and whoever was overseeing the permits, should also have to deal with it. Whether it’s city or county.
| 1 | 3,967 | 2.888889 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc29o8
|
iodbn2u
| 1,663,117,332 | 1,663,142,945 | 52 | 79 |
dont sign. they did this intentionally. theyll pay if you want money. call a real estate attorney. Your neighbors will pay for that too
|
From the comments here, it sounds like they built their house two and a half feet closer to your property line than they should have been allowed. I don't have any familiarity with Alabama law and how these covenants work, but this may give you the right to demand compensation from them in exchange for the variance. In some states setback requirements can be strictly enforced, meaning they could be forced to move the house 2.5 feet away from you, an obviously extremely expensive endeavor. The compromise would be to get you to agree to waive the setback requirement, but your hesitance to just agree to a variance without any compensation is wise. If Alabama allows, you could potentially sue them to force them to move the house (or make it smaller). It seems like they don't want that. I definitely agree with others that an Alabama real estate attorney would be wise. They can make sure the terms of the proposed variance don't overreach and may be able to get you reasonable compensation for the variance. Again, I don't know how strictly these covenants are enforced or how they are enforced, but an Alabama attorney would help inform you of your options.
| 0 | 25,613 | 1.519231 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocf8gr
|
iodbn2u
| 1,663,123,128 | 1,663,142,945 | 37 | 79 |
Who is the permitting authority that could grant the variance from the set-back requirements? County is typically the answer in rural areas, or are these codes and covenants for the development as granted/approved as part of the approved planned development? I’m pretty certain that you aren’t the authority to grant a variance from the standards, so even if you signed something it may not solve the issue. In fact, I’d be VERY leery of signing anything as it would seem like the only solution that you could provide is giving/selling the 2.5’ of property. It’s up to the approval authority to either permit a variance or require the property owner to remedy the situation, which is move the house or buy the land. Once it’s remedied, then the sale can happen. I’d they knew the rules and ignored them, that’s on them. You could be a good neighbor and if the approval/permitting authority allows a variance with your agreement as the effected party, that’s different. No matter what, their choice to ignore the rules impacts your property values and entitles you to recompense. Either they buy the land outright (if you want that) or pay you to even up the value lost at which point you can sign off a variance that’s been submitted and approved by the permitting authority that established the set-back requirements.
|
From the comments here, it sounds like they built their house two and a half feet closer to your property line than they should have been allowed. I don't have any familiarity with Alabama law and how these covenants work, but this may give you the right to demand compensation from them in exchange for the variance. In some states setback requirements can be strictly enforced, meaning they could be forced to move the house 2.5 feet away from you, an obviously extremely expensive endeavor. The compromise would be to get you to agree to waive the setback requirement, but your hesitance to just agree to a variance without any compensation is wise. If Alabama allows, you could potentially sue them to force them to move the house (or make it smaller). It seems like they don't want that. I definitely agree with others that an Alabama real estate attorney would be wise. They can make sure the terms of the proposed variance don't overreach and may be able to get you reasonable compensation for the variance. Again, I don't know how strictly these covenants are enforced or how they are enforced, but an Alabama attorney would help inform you of your options.
| 0 | 19,817 | 2.135135 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iodbn2u
|
iocsdet
| 1,663,142,945 | 1,663,129,838 | 79 | 32 |
From the comments here, it sounds like they built their house two and a half feet closer to your property line than they should have been allowed. I don't have any familiarity with Alabama law and how these covenants work, but this may give you the right to demand compensation from them in exchange for the variance. In some states setback requirements can be strictly enforced, meaning they could be forced to move the house 2.5 feet away from you, an obviously extremely expensive endeavor. The compromise would be to get you to agree to waive the setback requirement, but your hesitance to just agree to a variance without any compensation is wise. If Alabama allows, you could potentially sue them to force them to move the house (or make it smaller). It seems like they don't want that. I definitely agree with others that an Alabama real estate attorney would be wise. They can make sure the terms of the proposed variance don't overreach and may be able to get you reasonable compensation for the variance. Again, I don't know how strictly these covenants are enforced or how they are enforced, but an Alabama attorney would help inform you of your options.
|
Absolutely speak to a lawyer! Don't sign anything.
| 1 | 13,107 | 2.46875 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc9o3b
|
iodbn2u
| 1,663,120,605 | 1,663,142,945 | 25 | 79 |
Nope, get a dirt lawyer (real property) to review. Things to provide if you have them: deeds, plat, last survey. They can get, but more you provide the better.
|
From the comments here, it sounds like they built their house two and a half feet closer to your property line than they should have been allowed. I don't have any familiarity with Alabama law and how these covenants work, but this may give you the right to demand compensation from them in exchange for the variance. In some states setback requirements can be strictly enforced, meaning they could be forced to move the house 2.5 feet away from you, an obviously extremely expensive endeavor. The compromise would be to get you to agree to waive the setback requirement, but your hesitance to just agree to a variance without any compensation is wise. If Alabama allows, you could potentially sue them to force them to move the house (or make it smaller). It seems like they don't want that. I definitely agree with others that an Alabama real estate attorney would be wise. They can make sure the terms of the proposed variance don't overreach and may be able to get you reasonable compensation for the variance. Again, I don't know how strictly these covenants are enforced or how they are enforced, but an Alabama attorney would help inform you of your options.
| 0 | 22,340 | 3.16 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iodbn2u
|
ioccopx
| 1,663,142,945 | 1,663,121,962 | 79 | 28 |
From the comments here, it sounds like they built their house two and a half feet closer to your property line than they should have been allowed. I don't have any familiarity with Alabama law and how these covenants work, but this may give you the right to demand compensation from them in exchange for the variance. In some states setback requirements can be strictly enforced, meaning they could be forced to move the house 2.5 feet away from you, an obviously extremely expensive endeavor. The compromise would be to get you to agree to waive the setback requirement, but your hesitance to just agree to a variance without any compensation is wise. If Alabama allows, you could potentially sue them to force them to move the house (or make it smaller). It seems like they don't want that. I definitely agree with others that an Alabama real estate attorney would be wise. They can make sure the terms of the proposed variance don't overreach and may be able to get you reasonable compensation for the variance. Again, I don't know how strictly these covenants are enforced or how they are enforced, but an Alabama attorney would help inform you of your options.
|
So many questions. The house is built already and obviously passed city inspection, is the HOA wanting this variance, and if so, for what purpose? I see in the thread you mentioned to the owners the 15ft set back when they were building but they chose to do something different. Clearly they chose to be non-compliant. There is no reason you should have to remedy a situation for them that they chose to put themselves in. This is between them, their buyer and the HOA. “NO”, is a reasonable response.
| 1 | 20,983 | 2.821429 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocby7t
|
iodbn2u
| 1,663,121,625 | 1,663,142,945 | 27 | 79 |
Don’t Sign anything without advice from a real estate attorney. I would say, hell no, and whoever was overseeing the permits, should also have to deal with it. Whether it’s city or county.
|
From the comments here, it sounds like they built their house two and a half feet closer to your property line than they should have been allowed. I don't have any familiarity with Alabama law and how these covenants work, but this may give you the right to demand compensation from them in exchange for the variance. In some states setback requirements can be strictly enforced, meaning they could be forced to move the house 2.5 feet away from you, an obviously extremely expensive endeavor. The compromise would be to get you to agree to waive the setback requirement, but your hesitance to just agree to a variance without any compensation is wise. If Alabama allows, you could potentially sue them to force them to move the house (or make it smaller). It seems like they don't want that. I definitely agree with others that an Alabama real estate attorney would be wise. They can make sure the terms of the proposed variance don't overreach and may be able to get you reasonable compensation for the variance. Again, I don't know how strictly these covenants are enforced or how they are enforced, but an Alabama attorney would help inform you of your options.
| 0 | 21,320 | 2.925926 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocf8gr
|
ioc9o3b
| 1,663,123,128 | 1,663,120,605 | 37 | 25 |
Who is the permitting authority that could grant the variance from the set-back requirements? County is typically the answer in rural areas, or are these codes and covenants for the development as granted/approved as part of the approved planned development? I’m pretty certain that you aren’t the authority to grant a variance from the standards, so even if you signed something it may not solve the issue. In fact, I’d be VERY leery of signing anything as it would seem like the only solution that you could provide is giving/selling the 2.5’ of property. It’s up to the approval authority to either permit a variance or require the property owner to remedy the situation, which is move the house or buy the land. Once it’s remedied, then the sale can happen. I’d they knew the rules and ignored them, that’s on them. You could be a good neighbor and if the approval/permitting authority allows a variance with your agreement as the effected party, that’s different. No matter what, their choice to ignore the rules impacts your property values and entitles you to recompense. Either they buy the land outright (if you want that) or pay you to even up the value lost at which point you can sign off a variance that’s been submitted and approved by the permitting authority that established the set-back requirements.
|
Nope, get a dirt lawyer (real property) to review. Things to provide if you have them: deeds, plat, last survey. They can get, but more you provide the better.
| 1 | 2,523 | 1.48 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioccopx
|
iocf8gr
| 1,663,121,962 | 1,663,123,128 | 28 | 37 |
So many questions. The house is built already and obviously passed city inspection, is the HOA wanting this variance, and if so, for what purpose? I see in the thread you mentioned to the owners the 15ft set back when they were building but they chose to do something different. Clearly they chose to be non-compliant. There is no reason you should have to remedy a situation for them that they chose to put themselves in. This is between them, their buyer and the HOA. “NO”, is a reasonable response.
|
Who is the permitting authority that could grant the variance from the set-back requirements? County is typically the answer in rural areas, or are these codes and covenants for the development as granted/approved as part of the approved planned development? I’m pretty certain that you aren’t the authority to grant a variance from the standards, so even if you signed something it may not solve the issue. In fact, I’d be VERY leery of signing anything as it would seem like the only solution that you could provide is giving/selling the 2.5’ of property. It’s up to the approval authority to either permit a variance or require the property owner to remedy the situation, which is move the house or buy the land. Once it’s remedied, then the sale can happen. I’d they knew the rules and ignored them, that’s on them. You could be a good neighbor and if the approval/permitting authority allows a variance with your agreement as the effected party, that’s different. No matter what, their choice to ignore the rules impacts your property values and entitles you to recompense. Either they buy the land outright (if you want that) or pay you to even up the value lost at which point you can sign off a variance that’s been submitted and approved by the permitting authority that established the set-back requirements.
| 0 | 1,166 | 1.321429 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocby7t
|
iocf8gr
| 1,663,121,625 | 1,663,123,128 | 27 | 37 |
Don’t Sign anything without advice from a real estate attorney. I would say, hell no, and whoever was overseeing the permits, should also have to deal with it. Whether it’s city or county.
|
Who is the permitting authority that could grant the variance from the set-back requirements? County is typically the answer in rural areas, or are these codes and covenants for the development as granted/approved as part of the approved planned development? I’m pretty certain that you aren’t the authority to grant a variance from the standards, so even if you signed something it may not solve the issue. In fact, I’d be VERY leery of signing anything as it would seem like the only solution that you could provide is giving/selling the 2.5’ of property. It’s up to the approval authority to either permit a variance or require the property owner to remedy the situation, which is move the house or buy the land. Once it’s remedied, then the sale can happen. I’d they knew the rules and ignored them, that’s on them. You could be a good neighbor and if the approval/permitting authority allows a variance with your agreement as the effected party, that’s different. No matter what, their choice to ignore the rules impacts your property values and entitles you to recompense. Either they buy the land outright (if you want that) or pay you to even up the value lost at which point you can sign off a variance that’s been submitted and approved by the permitting authority that established the set-back requirements.
| 0 | 1,503 | 1.37037 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc9o3b
|
iocsdet
| 1,663,120,605 | 1,663,129,838 | 25 | 32 |
Nope, get a dirt lawyer (real property) to review. Things to provide if you have them: deeds, plat, last survey. They can get, but more you provide the better.
|
Absolutely speak to a lawyer! Don't sign anything.
| 0 | 9,233 | 1.28 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocsdet
|
ioccopx
| 1,663,129,838 | 1,663,121,962 | 32 | 28 |
Absolutely speak to a lawyer! Don't sign anything.
|
So many questions. The house is built already and obviously passed city inspection, is the HOA wanting this variance, and if so, for what purpose? I see in the thread you mentioned to the owners the 15ft set back when they were building but they chose to do something different. Clearly they chose to be non-compliant. There is no reason you should have to remedy a situation for them that they chose to put themselves in. This is between them, their buyer and the HOA. “NO”, is a reasonable response.
| 1 | 7,876 | 1.142857 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocsdet
|
iocby7t
| 1,663,129,838 | 1,663,121,625 | 32 | 27 |
Absolutely speak to a lawyer! Don't sign anything.
|
Don’t Sign anything without advice from a real estate attorney. I would say, hell no, and whoever was overseeing the permits, should also have to deal with it. Whether it’s city or county.
| 1 | 8,213 | 1.185185 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc9o3b
|
ioccopx
| 1,663,120,605 | 1,663,121,962 | 25 | 28 |
Nope, get a dirt lawyer (real property) to review. Things to provide if you have them: deeds, plat, last survey. They can get, but more you provide the better.
|
So many questions. The house is built already and obviously passed city inspection, is the HOA wanting this variance, and if so, for what purpose? I see in the thread you mentioned to the owners the 15ft set back when they were building but they chose to do something different. Clearly they chose to be non-compliant. There is no reason you should have to remedy a situation for them that they chose to put themselves in. This is between them, their buyer and the HOA. “NO”, is a reasonable response.
| 0 | 1,357 | 1.12 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
ioc9o3b
|
iocby7t
| 1,663,120,605 | 1,663,121,625 | 25 | 27 |
Nope, get a dirt lawyer (real property) to review. Things to provide if you have them: deeds, plat, last survey. They can get, but more you provide the better.
|
Don’t Sign anything without advice from a real estate attorney. I would say, hell no, and whoever was overseeing the permits, should also have to deal with it. Whether it’s city or county.
| 0 | 1,020 | 1.08 |
xdj9b8
|
legaladvice_train
| 0.97 |
Neighbors want us to sign a variant in order to sell their house. I live in Alabama. Our neighbors are selling their house and currently have a buyer. Per a survey, their house has a 12.5 ft set back from our property line. The covenants says it needs to be 15 ft. They want us to sign a variant so they can proceed with the sale. They tell us, "it's no big deal", but I'm uneasy about signing anything that would be attached to my property. What are the down sides of signing?
|
iocby7t
|
ioccopx
| 1,663,121,625 | 1,663,121,962 | 27 | 28 |
Don’t Sign anything without advice from a real estate attorney. I would say, hell no, and whoever was overseeing the permits, should also have to deal with it. Whether it’s city or county.
|
So many questions. The house is built already and obviously passed city inspection, is the HOA wanting this variance, and if so, for what purpose? I see in the thread you mentioned to the owners the 15ft set back when they were building but they chose to do something different. Clearly they chose to be non-compliant. There is no reason you should have to remedy a situation for them that they chose to put themselves in. This is between them, their buyer and the HOA. “NO”, is a reasonable response.
| 0 | 337 | 1.037037 |
qpj36o
|
legaladvice_train
| 0.95 |
[AZ] Landlord wants to sell house I'm currently renting from them, potential buyer wants to slash my rent and pay me to be added as a tenant to the lease. So I've been living in this house for 4+ years now and my landlord has decided to sell the house to take advantage of the crazy short lived boom that is already rapidly cooling. This house that when I moved in was worth $220k they're now selling for $380k, its absolutely nuts, specially because this house needs so much work. Now i know that whoever wants to purchase the house is also buying my lease with it and they're gonna be the landlord for the duration of my lease(my lease ends on May of next year, so another 6-7 months). The current property manager spoke to me today and told me they found a buyer for the house, however they require my permission to go through the sale because, supposedly as part of the buyers mortgage agreement, they need to have their name on my lease. The property manager said they "probably" are not looking to move in with me but I know this could potently mean that i would have no choice if the decided to do it anyway and that would not be acceptable whatsoever since me and my partner are working from home and with the pandemic we're definitely not comfortable sharing our living space with anyone, so i told him that I might be willing to agree if we had some kind of agreement signed where they can state they will not be living on the property until the end of my lease but I don't even know if that enforceable or not. I also don't know what else could come up with the landlord being also on the lease with me so i would appreciate any and all advice i could get concerning that. They are also giving me a very large incentive to agree to that by cutting my rent by $500 a month(going from $1500/mo to $1000/mo) and also paying me $2000 for doing this, which is awesome but only makes me suspicious not the whole ordeal. Thoughts?
|
hju1nk3
|
hjtzapr
| 1,636,396,512 | 1,636,395,564 | 294 | 24 |
I honestly suspect that the buyer has obtained a mortgage on the premise that they will occupy the property, even though they do not intend to do so. It's fraud, if so, and you should have no part in facilitating it. It makes very little sense for someone to be on a lease as a tenant in their own property.
|
They can't interfere with your right to quiet enjoyment, which means "ability to use apartment without intrusion from landlord or other parties (without valid cause like maintenance and nothing of silence or not-annoying.) It means that they can't move in, and also you don't even need a clause that says that they aren't allowed to move in until you've vacated, because that's how the law works already. They aren't allowed to alter any terms of your lease without your approval and can't do much if you refuse to approve what they want. You're totally allowed to change whatever both they and you agree to, but you aren't required to even so much as sign a new lease with their name on it. The seller can provide a copy of the current lease; if the mortgage lender has issue with how it is done *literally all of the time*, that isn't your problem. You don't have to agree to or change anything, including letting people move into the home or signing a new lease contract unless you want to. The sale, buyers or sellers needs, are not your problem. You only have to allow reasonable entry for showing, and maintenance/repair/per lease. I will add the caveat that in some jurisdictions and circumstances, a lease can state that it can be terminated upon sale of property, but in those cases it is almost always necessary the landlord or new landlord pays the tenant liquidated or actual damages if they do.
| 1 | 948 | 12.25 |
qpj36o
|
legaladvice_train
| 0.95 |
[AZ] Landlord wants to sell house I'm currently renting from them, potential buyer wants to slash my rent and pay me to be added as a tenant to the lease. So I've been living in this house for 4+ years now and my landlord has decided to sell the house to take advantage of the crazy short lived boom that is already rapidly cooling. This house that when I moved in was worth $220k they're now selling for $380k, its absolutely nuts, specially because this house needs so much work. Now i know that whoever wants to purchase the house is also buying my lease with it and they're gonna be the landlord for the duration of my lease(my lease ends on May of next year, so another 6-7 months). The current property manager spoke to me today and told me they found a buyer for the house, however they require my permission to go through the sale because, supposedly as part of the buyers mortgage agreement, they need to have their name on my lease. The property manager said they "probably" are not looking to move in with me but I know this could potently mean that i would have no choice if the decided to do it anyway and that would not be acceptable whatsoever since me and my partner are working from home and with the pandemic we're definitely not comfortable sharing our living space with anyone, so i told him that I might be willing to agree if we had some kind of agreement signed where they can state they will not be living on the property until the end of my lease but I don't even know if that enforceable or not. I also don't know what else could come up with the landlord being also on the lease with me so i would appreciate any and all advice i could get concerning that. They are also giving me a very large incentive to agree to that by cutting my rent by $500 a month(going from $1500/mo to $1000/mo) and also paying me $2000 for doing this, which is awesome but only makes me suspicious not the whole ordeal. Thoughts?
|
hjv1lw7
|
hjtzapr
| 1,636,410,971 | 1,636,395,564 | 61 | 24 |
Sounds fishy, but maybe you can counter offer with some sort of cash for keys deal? They can pay your moving expenses and an additional sum in order to leave. Only if you are willing and able to find something you like of course.
|
They can't interfere with your right to quiet enjoyment, which means "ability to use apartment without intrusion from landlord or other parties (without valid cause like maintenance and nothing of silence or not-annoying.) It means that they can't move in, and also you don't even need a clause that says that they aren't allowed to move in until you've vacated, because that's how the law works already. They aren't allowed to alter any terms of your lease without your approval and can't do much if you refuse to approve what they want. You're totally allowed to change whatever both they and you agree to, but you aren't required to even so much as sign a new lease with their name on it. The seller can provide a copy of the current lease; if the mortgage lender has issue with how it is done *literally all of the time*, that isn't your problem. You don't have to agree to or change anything, including letting people move into the home or signing a new lease contract unless you want to. The sale, buyers or sellers needs, are not your problem. You only have to allow reasonable entry for showing, and maintenance/repair/per lease. I will add the caveat that in some jurisdictions and circumstances, a lease can state that it can be terminated upon sale of property, but in those cases it is almost always necessary the landlord or new landlord pays the tenant liquidated or actual damages if they do.
| 1 | 15,407 | 2.541667 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5nmw3c
|
i5og1xd
| 1,650,569,433 | 1,650,581,827 | 190 | 269 |
Your mother can go to court to request a partition by sale, then the house will be sold and the proceeds split between the two of you. If you don't want that, then you need to buy her out and refinance.
|
Real numbers would help, but just as an example… Let’s say the house is worth 100,000. Let’s say you owe 80,000 on the mortgage. If you sell it for 100,000, you’re going to make about 94,000 after realtor fees. Pay off the mortgage and you will keep 14,000. You split the difference with your mom, that’s 7,000 - not including the attorney fees you both will have to pay to work through this. Show her the math. Use real numbers. In the above example if you refinance and take out the 20,000 in equity you write her a check for 7,000 and use the 13,000 left in repairs, or a trip to Hawaii, or invest in a lemonade stand. But use real numbers when you explain it to her. Stop going through a friend, go through an attorney if you need to. I forgot to add, you will need to be able to qualify on your own for a refinance. If you don’t have the income or credit to refinance, then a partition sale is the only option and is very likely to occur.
| 0 | 12,394 | 1.415789 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5nqed9
|
i5og1xd
| 1,650,570,808 | 1,650,581,827 | 81 | 269 |
What do you mean when you say she wants full sale price? is she expecting all proceeds from a sale? Is the house "underwater" right now where more is owed on it than it is worth on the open market? What share of the home is she entitled to? Do you have any written agreement with her? Who has been paying the mortgage? How much is left on the mortgage and who's name is it under? What is the market value of the house?
|
Real numbers would help, but just as an example… Let’s say the house is worth 100,000. Let’s say you owe 80,000 on the mortgage. If you sell it for 100,000, you’re going to make about 94,000 after realtor fees. Pay off the mortgage and you will keep 14,000. You split the difference with your mom, that’s 7,000 - not including the attorney fees you both will have to pay to work through this. Show her the math. Use real numbers. In the above example if you refinance and take out the 20,000 in equity you write her a check for 7,000 and use the 13,000 left in repairs, or a trip to Hawaii, or invest in a lemonade stand. But use real numbers when you explain it to her. Stop going through a friend, go through an attorney if you need to. I forgot to add, you will need to be able to qualify on your own for a refinance. If you don’t have the income or credit to refinance, then a partition sale is the only option and is very likely to occur.
| 0 | 11,019 | 3.320988 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5o7h8q
|
i5og1xd
| 1,650,577,818 | 1,650,581,827 | 24 | 269 |
Consult a real-estate attorney. If you are jointly titled with rights of survivorship on the deed, you can buy out your mother's portion of the deed and stay in the house. You will probably have to re-finance the house if both your names are on the mortgage. Otherwise, your mother can force the sale of the house in what is called a partition sale. https://keystone-law.com/guide-to-partition-actions The law around this depends on location. Consulting a real estate attorney is your best bet.
|
Real numbers would help, but just as an example… Let’s say the house is worth 100,000. Let’s say you owe 80,000 on the mortgage. If you sell it for 100,000, you’re going to make about 94,000 after realtor fees. Pay off the mortgage and you will keep 14,000. You split the difference with your mom, that’s 7,000 - not including the attorney fees you both will have to pay to work through this. Show her the math. Use real numbers. In the above example if you refinance and take out the 20,000 in equity you write her a check for 7,000 and use the 13,000 left in repairs, or a trip to Hawaii, or invest in a lemonade stand. But use real numbers when you explain it to her. Stop going through a friend, go through an attorney if you need to. I forgot to add, you will need to be able to qualify on your own for a refinance. If you don’t have the income or credit to refinance, then a partition sale is the only option and is very likely to occur.
| 0 | 4,009 | 11.208333 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5og1xd
|
i5o2mi7
| 1,650,581,827 | 1,650,575,758 | 269 | 26 |
Real numbers would help, but just as an example… Let’s say the house is worth 100,000. Let’s say you owe 80,000 on the mortgage. If you sell it for 100,000, you’re going to make about 94,000 after realtor fees. Pay off the mortgage and you will keep 14,000. You split the difference with your mom, that’s 7,000 - not including the attorney fees you both will have to pay to work through this. Show her the math. Use real numbers. In the above example if you refinance and take out the 20,000 in equity you write her a check for 7,000 and use the 13,000 left in repairs, or a trip to Hawaii, or invest in a lemonade stand. But use real numbers when you explain it to her. Stop going through a friend, go through an attorney if you need to. I forgot to add, you will need to be able to qualify on your own for a refinance. If you don’t have the income or credit to refinance, then a partition sale is the only option and is very likely to occur.
|
Do you qualify for reduced legal fees such as legal aid? Call them. It sounds like you really need a lawyer.
| 1 | 6,069 | 10.346154 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5nxwjr
|
i5og1xd
| 1,650,573,809 | 1,650,581,827 | 10 | 269 |
What could you sell the property for today in as is condition? How much is owed on the property? Subtract the first from the second (this would be the equity in the home) and offer her half. That's pretty much all she would get out of a partition sale.
|
Real numbers would help, but just as an example… Let’s say the house is worth 100,000. Let’s say you owe 80,000 on the mortgage. If you sell it for 100,000, you’re going to make about 94,000 after realtor fees. Pay off the mortgage and you will keep 14,000. You split the difference with your mom, that’s 7,000 - not including the attorney fees you both will have to pay to work through this. Show her the math. Use real numbers. In the above example if you refinance and take out the 20,000 in equity you write her a check for 7,000 and use the 13,000 left in repairs, or a trip to Hawaii, or invest in a lemonade stand. But use real numbers when you explain it to her. Stop going through a friend, go through an attorney if you need to. I forgot to add, you will need to be able to qualify on your own for a refinance. If you don’t have the income or credit to refinance, then a partition sale is the only option and is very likely to occur.
| 0 | 8,018 | 26.9 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5oxlck
|
i5o7h8q
| 1,650,589,925 | 1,650,577,818 | 53 | 24 |
There are three possible outcomes to a partition action; they include:
**Partition by Sale**: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares. The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker.
**Partition by Kind**: The court orders the physical division of property so that each owner receives an undivided interest in their portion of the property. When physically dividing property is possible, it is generally what the court prefers so that no owner is required to sell against their will.
**Partition by Appraisal**: The court orders one or more parties to purchase the other parties’ interests in real property on certain agreed-upon terms following an independent appraisal of the property. Partition by appraisal cannot be forced and is often preferred over open market sales of property, since it can eliminate high escrow fees and broker commissions. A partition by appraisal can only take place if all the involved parties agree in writing to this kind of partition. https://keystone-law.com/guide-to-partition-actions so in the partition action it sounds like you could even file a petition to partition against your mother to force her to accept you buying out her stake in the property. you may be entitled to lawyers fees in addition to her having to pay you back for the mortage, tax, and renovations you have done to the property. you may be able to find a no win no fee lawyer if they think they can go after her for your legal fees in that case. note this article is for California law, you'll need to ask a Mississippi real estate lawyer how the law specifics work in Mississippi you may be able to find a lawyer to at least consult pro bono if not take the case pro bono, or qualify for legal aid. you **CANNOT AFFORD TO NOT HAVE A LAWYER**. whatever you think you can't afford it will be worse if you get steamrolled and your mom takes your mortgage payments, court and lawyers fees for her lawyer she hired to do this, and all your renovations because you don't understand the law enough to be able to put up a meaningfully useful fight. 90% of your energy right now should be finding representation. DO THIS NOW.
|
Consult a real-estate attorney. If you are jointly titled with rights of survivorship on the deed, you can buy out your mother's portion of the deed and stay in the house. You will probably have to re-finance the house if both your names are on the mortgage. Otherwise, your mother can force the sale of the house in what is called a partition sale. https://keystone-law.com/guide-to-partition-actions The law around this depends on location. Consulting a real estate attorney is your best bet.
| 1 | 12,107 | 2.208333 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5o2mi7
|
i5oxlck
| 1,650,575,758 | 1,650,589,925 | 26 | 53 |
Do you qualify for reduced legal fees such as legal aid? Call them. It sounds like you really need a lawyer.
|
There are three possible outcomes to a partition action; they include:
**Partition by Sale**: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares. The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker.
**Partition by Kind**: The court orders the physical division of property so that each owner receives an undivided interest in their portion of the property. When physically dividing property is possible, it is generally what the court prefers so that no owner is required to sell against their will.
**Partition by Appraisal**: The court orders one or more parties to purchase the other parties’ interests in real property on certain agreed-upon terms following an independent appraisal of the property. Partition by appraisal cannot be forced and is often preferred over open market sales of property, since it can eliminate high escrow fees and broker commissions. A partition by appraisal can only take place if all the involved parties agree in writing to this kind of partition. https://keystone-law.com/guide-to-partition-actions so in the partition action it sounds like you could even file a petition to partition against your mother to force her to accept you buying out her stake in the property. you may be entitled to lawyers fees in addition to her having to pay you back for the mortage, tax, and renovations you have done to the property. you may be able to find a no win no fee lawyer if they think they can go after her for your legal fees in that case. note this article is for California law, you'll need to ask a Mississippi real estate lawyer how the law specifics work in Mississippi you may be able to find a lawyer to at least consult pro bono if not take the case pro bono, or qualify for legal aid. you **CANNOT AFFORD TO NOT HAVE A LAWYER**. whatever you think you can't afford it will be worse if you get steamrolled and your mom takes your mortgage payments, court and lawyers fees for her lawyer she hired to do this, and all your renovations because you don't understand the law enough to be able to put up a meaningfully useful fight. 90% of your energy right now should be finding representation. DO THIS NOW.
| 0 | 14,167 | 2.038462 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5okf44
|
i5oxlck
| 1,650,583,821 | 1,650,589,925 | 24 | 53 |
Based on some of your comments, I suggest getting a current appraisal or at least a valuation by a local realtor. Then you know the value of the asset. Her saying “full sales price” means nothing..what if the current sales price is $100? (not realistic but you get my point-guessing at what the house WOULD sell for is not the place to start). Once you know what the value is, you then negotiate. She cannot, most likely, claim to be owed more than 50%. Get the Closing Disclosure from the purchase. Does it differentiate or show evidence that one of you provided more than the other? Does she have canceled checks or something showing her additional investment. If you have been doing remodeling, get the receipts and figure out how much you have invested. Those trips to Home Depot over a year often add up to quite a bit. What is the difference in her initial contribution less your maintenance costs? From that point you know what the asset is worth, you then deduct the mortgage payoff then…if there is a significant difference in what she can PROVE wad her own personal investment up front vs what you have spent THEN you can decide to split 50/50…60/40 or whatever. I get the impression that this is not just her wanting out. Something else is going on. Either she is one of those people who hears that house values have increased 80% in a year and thinks she is going to cash-out (which once people look at the numbers they realize that the profit is NOT 80%…) or she is angry at you and doing this out of spite. (you didn’t mention that she has a disease and needs the money for treatment or has to go to a nursing home…or some reason that would truly require her to need out)
|
There are three possible outcomes to a partition action; they include:
**Partition by Sale**: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares. The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker.
**Partition by Kind**: The court orders the physical division of property so that each owner receives an undivided interest in their portion of the property. When physically dividing property is possible, it is generally what the court prefers so that no owner is required to sell against their will.
**Partition by Appraisal**: The court orders one or more parties to purchase the other parties’ interests in real property on certain agreed-upon terms following an independent appraisal of the property. Partition by appraisal cannot be forced and is often preferred over open market sales of property, since it can eliminate high escrow fees and broker commissions. A partition by appraisal can only take place if all the involved parties agree in writing to this kind of partition. https://keystone-law.com/guide-to-partition-actions so in the partition action it sounds like you could even file a petition to partition against your mother to force her to accept you buying out her stake in the property. you may be entitled to lawyers fees in addition to her having to pay you back for the mortage, tax, and renovations you have done to the property. you may be able to find a no win no fee lawyer if they think they can go after her for your legal fees in that case. note this article is for California law, you'll need to ask a Mississippi real estate lawyer how the law specifics work in Mississippi you may be able to find a lawyer to at least consult pro bono if not take the case pro bono, or qualify for legal aid. you **CANNOT AFFORD TO NOT HAVE A LAWYER**. whatever you think you can't afford it will be worse if you get steamrolled and your mom takes your mortgage payments, court and lawyers fees for her lawyer she hired to do this, and all your renovations because you don't understand the law enough to be able to put up a meaningfully useful fight. 90% of your energy right now should be finding representation. DO THIS NOW.
| 0 | 6,104 | 2.208333 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5oxlck
|
i5otwfw
| 1,650,589,925 | 1,650,588,197 | 53 | 13 |
There are three possible outcomes to a partition action; they include:
**Partition by Sale**: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares. The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker.
**Partition by Kind**: The court orders the physical division of property so that each owner receives an undivided interest in their portion of the property. When physically dividing property is possible, it is generally what the court prefers so that no owner is required to sell against their will.
**Partition by Appraisal**: The court orders one or more parties to purchase the other parties’ interests in real property on certain agreed-upon terms following an independent appraisal of the property. Partition by appraisal cannot be forced and is often preferred over open market sales of property, since it can eliminate high escrow fees and broker commissions. A partition by appraisal can only take place if all the involved parties agree in writing to this kind of partition. https://keystone-law.com/guide-to-partition-actions so in the partition action it sounds like you could even file a petition to partition against your mother to force her to accept you buying out her stake in the property. you may be entitled to lawyers fees in addition to her having to pay you back for the mortage, tax, and renovations you have done to the property. you may be able to find a no win no fee lawyer if they think they can go after her for your legal fees in that case. note this article is for California law, you'll need to ask a Mississippi real estate lawyer how the law specifics work in Mississippi you may be able to find a lawyer to at least consult pro bono if not take the case pro bono, or qualify for legal aid. you **CANNOT AFFORD TO NOT HAVE A LAWYER**. whatever you think you can't afford it will be worse if you get steamrolled and your mom takes your mortgage payments, court and lawyers fees for her lawyer she hired to do this, and all your renovations because you don't understand the law enough to be able to put up a meaningfully useful fight. 90% of your energy right now should be finding representation. DO THIS NOW.
|
how much money do you have total in the house, how much money does she have total in the house? do not include bills, do include renovations. if you have put in half the cost of the home, and she has put in half the cost of the home, then she only gets half the proceeds. if she only put 10k in for the down deposit, and you also put the other 10k (of a 20k deposit) but you've lived there, paid the property tax, paid the mortgage for multiple years and you're 30k into the house but she is only 10k into the house now you require a corresponding percentage of the proceeds, at a 3-1 ratio. so if you sell the house for a 100k profit you would get 66 percent of the sale proceeds, or 66k, and she only gets 33k, her percentage share. at least that is how i understand the equity. if forced to sell for less than the house is worth then i don't know how that logic works out, if treated equally then you'd be eating 66% of the loss and she would be eating only 33% of the loss. this is the only angle i see her lawyer pushing her to force the sale for so that she bleeds less. if she thinks it's worth more then maybe she doesn't understand the division of the split, doesn't think that whatever price you offer or any appraised price will be as high as the actual sale price because of the crazy market. I'd get an appraisal with the damage and be transparent with the appraiser. take that appraisal to her and show her the cold hard math, if we sell for even 10% over this figure, then subtract 6% of that for closing costs, then divide the proceeds left over between you and i, this is how much you would get. I'm prepared to offer you x amount to buy you out of your portion of the home at x theoretical price. if you refuse that then this is what it will cost to go through court with lawyers to force the sale, if you even can. if the judge rules that i can buy you out, then you'll have wasted court fees and lawyer fees in addition to the price it sells for in its current condition.
| 1 | 1,728 | 4.076923 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5oxlck
|
i5nxwjr
| 1,650,589,925 | 1,650,573,809 | 53 | 10 |
There are three possible outcomes to a partition action; they include:
**Partition by Sale**: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares. The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker.
**Partition by Kind**: The court orders the physical division of property so that each owner receives an undivided interest in their portion of the property. When physically dividing property is possible, it is generally what the court prefers so that no owner is required to sell against their will.
**Partition by Appraisal**: The court orders one or more parties to purchase the other parties’ interests in real property on certain agreed-upon terms following an independent appraisal of the property. Partition by appraisal cannot be forced and is often preferred over open market sales of property, since it can eliminate high escrow fees and broker commissions. A partition by appraisal can only take place if all the involved parties agree in writing to this kind of partition. https://keystone-law.com/guide-to-partition-actions so in the partition action it sounds like you could even file a petition to partition against your mother to force her to accept you buying out her stake in the property. you may be entitled to lawyers fees in addition to her having to pay you back for the mortage, tax, and renovations you have done to the property. you may be able to find a no win no fee lawyer if they think they can go after her for your legal fees in that case. note this article is for California law, you'll need to ask a Mississippi real estate lawyer how the law specifics work in Mississippi you may be able to find a lawyer to at least consult pro bono if not take the case pro bono, or qualify for legal aid. you **CANNOT AFFORD TO NOT HAVE A LAWYER**. whatever you think you can't afford it will be worse if you get steamrolled and your mom takes your mortgage payments, court and lawyers fees for her lawyer she hired to do this, and all your renovations because you don't understand the law enough to be able to put up a meaningfully useful fight. 90% of your energy right now should be finding representation. DO THIS NOW.
|
What could you sell the property for today in as is condition? How much is owed on the property? Subtract the first from the second (this would be the equity in the home) and offer her half. That's pretty much all she would get out of a partition sale.
| 1 | 16,116 | 5.3 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5oxlck
|
i5onbv1
| 1,650,589,925 | 1,650,585,150 | 53 | 4 |
There are three possible outcomes to a partition action; they include:
**Partition by Sale**: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares. The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker.
**Partition by Kind**: The court orders the physical division of property so that each owner receives an undivided interest in their portion of the property. When physically dividing property is possible, it is generally what the court prefers so that no owner is required to sell against their will.
**Partition by Appraisal**: The court orders one or more parties to purchase the other parties’ interests in real property on certain agreed-upon terms following an independent appraisal of the property. Partition by appraisal cannot be forced and is often preferred over open market sales of property, since it can eliminate high escrow fees and broker commissions. A partition by appraisal can only take place if all the involved parties agree in writing to this kind of partition. https://keystone-law.com/guide-to-partition-actions so in the partition action it sounds like you could even file a petition to partition against your mother to force her to accept you buying out her stake in the property. you may be entitled to lawyers fees in addition to her having to pay you back for the mortage, tax, and renovations you have done to the property. you may be able to find a no win no fee lawyer if they think they can go after her for your legal fees in that case. note this article is for California law, you'll need to ask a Mississippi real estate lawyer how the law specifics work in Mississippi you may be able to find a lawyer to at least consult pro bono if not take the case pro bono, or qualify for legal aid. you **CANNOT AFFORD TO NOT HAVE A LAWYER**. whatever you think you can't afford it will be worse if you get steamrolled and your mom takes your mortgage payments, court and lawyers fees for her lawyer she hired to do this, and all your renovations because you don't understand the law enough to be able to put up a meaningfully useful fight. 90% of your energy right now should be finding representation. DO THIS NOW.
|
First thing you need to do is get an appraisal. I bet mom thinks the house is worth a lot more than it is because it is in disrepair. At least at that point you have a realistic number to work from.
| 1 | 4,775 | 13.25 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5owb3c
|
i5oxlck
| 1,650,589,322 | 1,650,589,925 | 6 | 53 |
"What Is the Cost of a Partition Action?
The cost of a partition action will depend on the nature of the litigation at hand; the more complex the litigation, the more expensive the partition action will be. It will also depend on the parties’ willingness to settle the dispute before trial.
The good news is that the attorney’s fees and costs incurred by a partition action may be recoverable. The party seeking the partition action can ask the court to award them attorney’s fees and costs from the opposing party or from the proceeds from the sale of the property.
The parties also may be able to recover payments they had made that were in addition to their ownership interest. These recoverable expenditures may include everything from mortgage payments and taxes to their contributions to improvements, renovations, or upkeep of the property. To ensure these costs can be recovered, it is crucial to keep thorough records of every payment made in relation to the property." so it sounds like it may get split 50/50 and she would have to pay you off for all the taxes, rennovations, and mortage payments you made. is the homes value even high enough to do that? or would she have to come out of pocket to pay your portion off? if she realizes that then she may back off and allow you to buy her out.
|
There are three possible outcomes to a partition action; they include:
**Partition by Sale**: The court orders the forced sale of the real property at issue; once the sale is made, the proceeds from the sale will be divided among the co-owners according to their percentage shares. The partition by sale can be ordered to occur through a private sale, public auction or by listing the property with help from a licensed real estate broker.
**Partition by Kind**: The court orders the physical division of property so that each owner receives an undivided interest in their portion of the property. When physically dividing property is possible, it is generally what the court prefers so that no owner is required to sell against their will.
**Partition by Appraisal**: The court orders one or more parties to purchase the other parties’ interests in real property on certain agreed-upon terms following an independent appraisal of the property. Partition by appraisal cannot be forced and is often preferred over open market sales of property, since it can eliminate high escrow fees and broker commissions. A partition by appraisal can only take place if all the involved parties agree in writing to this kind of partition. https://keystone-law.com/guide-to-partition-actions so in the partition action it sounds like you could even file a petition to partition against your mother to force her to accept you buying out her stake in the property. you may be entitled to lawyers fees in addition to her having to pay you back for the mortage, tax, and renovations you have done to the property. you may be able to find a no win no fee lawyer if they think they can go after her for your legal fees in that case. note this article is for California law, you'll need to ask a Mississippi real estate lawyer how the law specifics work in Mississippi you may be able to find a lawyer to at least consult pro bono if not take the case pro bono, or qualify for legal aid. you **CANNOT AFFORD TO NOT HAVE A LAWYER**. whatever you think you can't afford it will be worse if you get steamrolled and your mom takes your mortgage payments, court and lawyers fees for her lawyer she hired to do this, and all your renovations because you don't understand the law enough to be able to put up a meaningfully useful fight. 90% of your energy right now should be finding representation. DO THIS NOW.
| 0 | 603 | 8.833333 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5nxwjr
|
i5o7h8q
| 1,650,573,809 | 1,650,577,818 | 10 | 24 |
What could you sell the property for today in as is condition? How much is owed on the property? Subtract the first from the second (this would be the equity in the home) and offer her half. That's pretty much all she would get out of a partition sale.
|
Consult a real-estate attorney. If you are jointly titled with rights of survivorship on the deed, you can buy out your mother's portion of the deed and stay in the house. You will probably have to re-finance the house if both your names are on the mortgage. Otherwise, your mother can force the sale of the house in what is called a partition sale. https://keystone-law.com/guide-to-partition-actions The law around this depends on location. Consulting a real estate attorney is your best bet.
| 0 | 4,009 | 2.4 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5nxwjr
|
i5o2mi7
| 1,650,573,809 | 1,650,575,758 | 10 | 26 |
What could you sell the property for today in as is condition? How much is owed on the property? Subtract the first from the second (this would be the equity in the home) and offer her half. That's pretty much all she would get out of a partition sale.
|
Do you qualify for reduced legal fees such as legal aid? Call them. It sounds like you really need a lawyer.
| 0 | 1,949 | 2.6 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5nxwjr
|
i5okf44
| 1,650,573,809 | 1,650,583,821 | 10 | 24 |
What could you sell the property for today in as is condition? How much is owed on the property? Subtract the first from the second (this would be the equity in the home) and offer her half. That's pretty much all she would get out of a partition sale.
|
Based on some of your comments, I suggest getting a current appraisal or at least a valuation by a local realtor. Then you know the value of the asset. Her saying “full sales price” means nothing..what if the current sales price is $100? (not realistic but you get my point-guessing at what the house WOULD sell for is not the place to start). Once you know what the value is, you then negotiate. She cannot, most likely, claim to be owed more than 50%. Get the Closing Disclosure from the purchase. Does it differentiate or show evidence that one of you provided more than the other? Does she have canceled checks or something showing her additional investment. If you have been doing remodeling, get the receipts and figure out how much you have invested. Those trips to Home Depot over a year often add up to quite a bit. What is the difference in her initial contribution less your maintenance costs? From that point you know what the asset is worth, you then deduct the mortgage payoff then…if there is a significant difference in what she can PROVE wad her own personal investment up front vs what you have spent THEN you can decide to split 50/50…60/40 or whatever. I get the impression that this is not just her wanting out. Something else is going on. Either she is one of those people who hears that house values have increased 80% in a year and thinks she is going to cash-out (which once people look at the numbers they realize that the profit is NOT 80%…) or she is angry at you and doing this out of spite. (you didn’t mention that she has a disease and needs the money for treatment or has to go to a nursing home…or some reason that would truly require her to need out)
| 0 | 10,012 | 2.4 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5otwfw
|
i5nxwjr
| 1,650,588,197 | 1,650,573,809 | 13 | 10 |
how much money do you have total in the house, how much money does she have total in the house? do not include bills, do include renovations. if you have put in half the cost of the home, and she has put in half the cost of the home, then she only gets half the proceeds. if she only put 10k in for the down deposit, and you also put the other 10k (of a 20k deposit) but you've lived there, paid the property tax, paid the mortgage for multiple years and you're 30k into the house but she is only 10k into the house now you require a corresponding percentage of the proceeds, at a 3-1 ratio. so if you sell the house for a 100k profit you would get 66 percent of the sale proceeds, or 66k, and she only gets 33k, her percentage share. at least that is how i understand the equity. if forced to sell for less than the house is worth then i don't know how that logic works out, if treated equally then you'd be eating 66% of the loss and she would be eating only 33% of the loss. this is the only angle i see her lawyer pushing her to force the sale for so that she bleeds less. if she thinks it's worth more then maybe she doesn't understand the division of the split, doesn't think that whatever price you offer or any appraised price will be as high as the actual sale price because of the crazy market. I'd get an appraisal with the damage and be transparent with the appraiser. take that appraisal to her and show her the cold hard math, if we sell for even 10% over this figure, then subtract 6% of that for closing costs, then divide the proceeds left over between you and i, this is how much you would get. I'm prepared to offer you x amount to buy you out of your portion of the home at x theoretical price. if you refuse that then this is what it will cost to go through court with lawyers to force the sale, if you even can. if the judge rules that i can buy you out, then you'll have wasted court fees and lawyer fees in addition to the price it sells for in its current condition.
|
What could you sell the property for today in as is condition? How much is owed on the property? Subtract the first from the second (this would be the equity in the home) and offer her half. That's pretty much all she would get out of a partition sale.
| 1 | 14,388 | 1.3 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5onbv1
|
i5otwfw
| 1,650,585,150 | 1,650,588,197 | 4 | 13 |
First thing you need to do is get an appraisal. I bet mom thinks the house is worth a lot more than it is because it is in disrepair. At least at that point you have a realistic number to work from.
|
how much money do you have total in the house, how much money does she have total in the house? do not include bills, do include renovations. if you have put in half the cost of the home, and she has put in half the cost of the home, then she only gets half the proceeds. if she only put 10k in for the down deposit, and you also put the other 10k (of a 20k deposit) but you've lived there, paid the property tax, paid the mortgage for multiple years and you're 30k into the house but she is only 10k into the house now you require a corresponding percentage of the proceeds, at a 3-1 ratio. so if you sell the house for a 100k profit you would get 66 percent of the sale proceeds, or 66k, and she only gets 33k, her percentage share. at least that is how i understand the equity. if forced to sell for less than the house is worth then i don't know how that logic works out, if treated equally then you'd be eating 66% of the loss and she would be eating only 33% of the loss. this is the only angle i see her lawyer pushing her to force the sale for so that she bleeds less. if she thinks it's worth more then maybe she doesn't understand the division of the split, doesn't think that whatever price you offer or any appraised price will be as high as the actual sale price because of the crazy market. I'd get an appraisal with the damage and be transparent with the appraiser. take that appraisal to her and show her the cold hard math, if we sell for even 10% over this figure, then subtract 6% of that for closing costs, then divide the proceeds left over between you and i, this is how much you would get. I'm prepared to offer you x amount to buy you out of your portion of the home at x theoretical price. if you refuse that then this is what it will cost to go through court with lawyers to force the sale, if you even can. if the judge rules that i can buy you out, then you'll have wasted court fees and lawyer fees in addition to the price it sells for in its current condition.
| 0 | 3,047 | 3.25 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5onbv1
|
i5pdir0
| 1,650,585,150 | 1,650,597,436 | 4 | 9 |
First thing you need to do is get an appraisal. I bet mom thinks the house is worth a lot more than it is because it is in disrepair. At least at that point you have a realistic number to work from.
|
Call at least 3 real estate agents and request a CMA along with an estimated net sheet. The net sheet will tell you the expected amount of cash you'd walk away with. If you both have 50% interest then she would get half. Explain that if she goes to court she gets half minus court costs. Or she could accept your offer to buy her out and save the hassle.
| 0 | 12,286 | 2.25 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5pdir0
|
i5owb3c
| 1,650,597,436 | 1,650,589,322 | 9 | 6 |
Call at least 3 real estate agents and request a CMA along with an estimated net sheet. The net sheet will tell you the expected amount of cash you'd walk away with. If you both have 50% interest then she would get half. Explain that if she goes to court she gets half minus court costs. Or she could accept your offer to buy her out and save the hassle.
|
"What Is the Cost of a Partition Action?
The cost of a partition action will depend on the nature of the litigation at hand; the more complex the litigation, the more expensive the partition action will be. It will also depend on the parties’ willingness to settle the dispute before trial.
The good news is that the attorney’s fees and costs incurred by a partition action may be recoverable. The party seeking the partition action can ask the court to award them attorney’s fees and costs from the opposing party or from the proceeds from the sale of the property.
The parties also may be able to recover payments they had made that were in addition to their ownership interest. These recoverable expenditures may include everything from mortgage payments and taxes to their contributions to improvements, renovations, or upkeep of the property. To ensure these costs can be recovered, it is crucial to keep thorough records of every payment made in relation to the property." so it sounds like it may get split 50/50 and she would have to pay you off for all the taxes, rennovations, and mortage payments you made. is the homes value even high enough to do that? or would she have to come out of pocket to pay your portion off? if she realizes that then she may back off and allow you to buy her out.
| 1 | 8,114 | 1.5 |
u8ve7b
|
legaladvice_train
| 0.97 |
Mother wants to sell the house my daughter and I live in, but i’ve co-signed and pay all bills (mortgage, utility) My mother an I co-signed for a house, she paid for all closing costs and paid for everything to help get us this house, this was about a year ago. Now, she’s living in a different state on the opposite side of the country, and demands that we sell the house and give her the proceeds, yet both of our names are on the deed, and i have a homestead exemption on the property. This is the only place my daughter and I can live, along with my fiancé, i need help. And i’m willing to provide any information i haven’t here.
|
i5onbv1
|
i5owb3c
| 1,650,585,150 | 1,650,589,322 | 4 | 6 |
First thing you need to do is get an appraisal. I bet mom thinks the house is worth a lot more than it is because it is in disrepair. At least at that point you have a realistic number to work from.
|
"What Is the Cost of a Partition Action?
The cost of a partition action will depend on the nature of the litigation at hand; the more complex the litigation, the more expensive the partition action will be. It will also depend on the parties’ willingness to settle the dispute before trial.
The good news is that the attorney’s fees and costs incurred by a partition action may be recoverable. The party seeking the partition action can ask the court to award them attorney’s fees and costs from the opposing party or from the proceeds from the sale of the property.
The parties also may be able to recover payments they had made that were in addition to their ownership interest. These recoverable expenditures may include everything from mortgage payments and taxes to their contributions to improvements, renovations, or upkeep of the property. To ensure these costs can be recovered, it is crucial to keep thorough records of every payment made in relation to the property." so it sounds like it may get split 50/50 and she would have to pay you off for all the taxes, rennovations, and mortage payments you made. is the homes value even high enough to do that? or would she have to come out of pocket to pay your portion off? if she realizes that then she may back off and allow you to buy her out.
| 0 | 4,172 | 1.5 |
e5qg90
|
legaladvice_train
| 0.98 |
[TX] Squatters on the property next to mine are parking boats, cars, and 18 wheelers on my property. When the towing company shows up they always have someone there to run out and claim they own it and the tow compant is SOL Apparently if the owner is at the vehicle the tow company cant do anything unless its hooked up enough to safely tow away. I know for a fact they do not own some of the vehicles because they rent them out truck drivers. What are my options?
|
f9li5c7
|
f9lh22w
| 1,575,423,672 | 1,575,422,914 | 342 | 126 |
Most towing companies operated 24/7 due to breakdowns in the middle of the night. Confirm this with one you use. Set alarm. Get up at 2am, 3am, somewhere in there. Have the stuff towed. Bet they don't have someone on standby to run out and claim it. Since they'll be responsible for the cost if they want to get their stuff out, they can eat the after hours fees. Only thing you should be out is some sleep.
|
1. Are you in city limits? Most cities have rules about how many cars and how cars are parked -- no parking on grass, vehicles must all be legal. 2. Figure out who owns the property they're on and make contact with them, explain that their "renters" are being a nuisance and you aree going to start reporting them to the city/county. And then follow through. 3. Call the law. Have them issue a notice of trespassing. Next time they step on your property, take pictures, call the cops and get them arrested. 4. Cameras, no trespass signs, etc.
| 1 | 758 | 2.714286 |
e5qg90
|
legaladvice_train
| 0.98 |
[TX] Squatters on the property next to mine are parking boats, cars, and 18 wheelers on my property. When the towing company shows up they always have someone there to run out and claim they own it and the tow compant is SOL Apparently if the owner is at the vehicle the tow company cant do anything unless its hooked up enough to safely tow away. I know for a fact they do not own some of the vehicles because they rent them out truck drivers. What are my options?
|
f9lp9of
|
f9ltwci
| 1,575,428,573 | 1,575,431,895 | 40 | 91 |
how long do some of the vehicles sit on your property? because depending on the length of time they may be considered abandoned.
|
Get a survey done and put up a fence or at least markers on your property line. Once the property is surveyed and marked, have the police trespass anyone off the property that isn't invited. See if you can have the police and the tow truck come at the same time so if anyone tries to stop the tow truck they'll be arrested on the spot and the tow can proceed uninhibited. Also, get cameras up. You're likely to be harassed for doing this.
| 0 | 3,322 | 2.275 |
e5qg90
|
legaladvice_train
| 0.98 |
[TX] Squatters on the property next to mine are parking boats, cars, and 18 wheelers on my property. When the towing company shows up they always have someone there to run out and claim they own it and the tow compant is SOL Apparently if the owner is at the vehicle the tow company cant do anything unless its hooked up enough to safely tow away. I know for a fact they do not own some of the vehicles because they rent them out truck drivers. What are my options?
|
f9lneax
|
f9ltwci
| 1,575,427,290 | 1,575,431,895 | 9 | 91 |
Sounds like a codes issue. Call the codes office
|
Get a survey done and put up a fence or at least markers on your property line. Once the property is surveyed and marked, have the police trespass anyone off the property that isn't invited. See if you can have the police and the tow truck come at the same time so if anyone tries to stop the tow truck they'll be arrested on the spot and the tow can proceed uninhibited. Also, get cameras up. You're likely to be harassed for doing this.
| 0 | 4,605 | 10.111111 |
e5qg90
|
legaladvice_train
| 0.98 |
[TX] Squatters on the property next to mine are parking boats, cars, and 18 wheelers on my property. When the towing company shows up they always have someone there to run out and claim they own it and the tow compant is SOL Apparently if the owner is at the vehicle the tow company cant do anything unless its hooked up enough to safely tow away. I know for a fact they do not own some of the vehicles because they rent them out truck drivers. What are my options?
|
f9lp9of
|
f9lneax
| 1,575,428,573 | 1,575,427,290 | 40 | 9 |
how long do some of the vehicles sit on your property? because depending on the length of time they may be considered abandoned.
|
Sounds like a codes issue. Call the codes office
| 1 | 1,283 | 4.444444 |
e5qg90
|
legaladvice_train
| 0.98 |
[TX] Squatters on the property next to mine are parking boats, cars, and 18 wheelers on my property. When the towing company shows up they always have someone there to run out and claim they own it and the tow compant is SOL Apparently if the owner is at the vehicle the tow company cant do anything unless its hooked up enough to safely tow away. I know for a fact they do not own some of the vehicles because they rent them out truck drivers. What are my options?
|
f9mba3i
|
f9lneax
| 1,575,449,952 | 1,575,427,290 | 34 | 9 |
Your legal option is to sue them civilly for trespass. I would consider other avenues first, as this is relatively time consuming, and the court cannot grant effective relief. Call the tow company more. Call the tow truck in the middle of the night. They can be sneaky, going in quietly, using a non standard to truck that looks like a regular truck. Putting the cars on gojacks and pushing it down the road a little so they can hook it up silently. Call the police for anything they are doing that violates the law. This includes trespassing for parking cars on your property. If the police are writing them a ticket for trespassing, or for code violations should check for warrants at that time. Additionally you can call the tow truck then, and ask the police to stay as a civil standby. Ask your neighbors to call the police for noise violations, or anything else the neighbors are doing that is illegal. If the police are not helpful, talk to your elected officials. Talk to the land owner, and have him report the trespassers to the police. Get a fence installed. Or get something like a fence, like a boulder barrier.
|
Sounds like a codes issue. Call the codes office
| 1 | 22,662 | 3.777778 |
e5qg90
|
legaladvice_train
| 0.98 |
[TX] Squatters on the property next to mine are parking boats, cars, and 18 wheelers on my property. When the towing company shows up they always have someone there to run out and claim they own it and the tow compant is SOL Apparently if the owner is at the vehicle the tow company cant do anything unless its hooked up enough to safely tow away. I know for a fact they do not own some of the vehicles because they rent them out truck drivers. What are my options?
|
f9mba3i
|
f9m7241
| 1,575,449,952 | 1,575,444,233 | 34 | 5 |
Your legal option is to sue them civilly for trespass. I would consider other avenues first, as this is relatively time consuming, and the court cannot grant effective relief. Call the tow company more. Call the tow truck in the middle of the night. They can be sneaky, going in quietly, using a non standard to truck that looks like a regular truck. Putting the cars on gojacks and pushing it down the road a little so they can hook it up silently. Call the police for anything they are doing that violates the law. This includes trespassing for parking cars on your property. If the police are writing them a ticket for trespassing, or for code violations should check for warrants at that time. Additionally you can call the tow truck then, and ask the police to stay as a civil standby. Ask your neighbors to call the police for noise violations, or anything else the neighbors are doing that is illegal. If the police are not helpful, talk to your elected officials. Talk to the land owner, and have him report the trespassers to the police. Get a fence installed. Or get something like a fence, like a boulder barrier.
|
Check the tags on the vehicles and call the police . You might be able to pull abandonment on them . While the police are their, you might want to ask what you can do to get this resolved .
| 1 | 5,719 | 6.8 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqjewr
|
icqhvd1
| 1,655,486,747 | 1,655,486,075 | 6,266 | 2,032 |
>HR said that they can only pay me after all of these were completed This HR person is an idiot. Contact accounts payable at the company with your invoice and tell them you expect to be paid per the agreed terms.
|
Unless the work you were doing is pharmaceutical related, you can be on meth and they still have to pay you for work you completed. I'd tell them if the money isn't in your hand by the end of the day, they will have to go through your lawyer.
| 1 | 672 | 3.083661 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqjewr
|
icqijjv
| 1,655,486,747 | 1,655,486,370 | 6,266 | 1,058 |
>HR said that they can only pay me after all of these were completed This HR person is an idiot. Contact accounts payable at the company with your invoice and tell them you expect to be paid per the agreed terms.
|
1. What does your contract say? 2. Have you reached out to someone with actual authority about this? A quick, professional phone call or email to the CEO or company owner, "Hey, just reaching out about this unpaid invoice ... " should get you paid. Unless your contract says you have to leap through all of their hoops, don't.
| 1 | 377 | 5.922495 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqjewr
|
icqhjmi
| 1,655,486,747 | 1,655,485,929 | 6,266 | 368 |
>HR said that they can only pay me after all of these were completed This HR person is an idiot. Contact accounts payable at the company with your invoice and tell them you expect to be paid per the agreed terms.
|
> independent freelancer Were you working independently (1099) or freelancing as an employee (W2)? If the former, you can say "pay me or I'm suing" and if the latter "pay me or I'm filing a wage claim."
| 1 | 818 | 17.027174 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqhvd1
|
icqhjmi
| 1,655,486,075 | 1,655,485,929 | 2,032 | 368 |
Unless the work you were doing is pharmaceutical related, you can be on meth and they still have to pay you for work you completed. I'd tell them if the money isn't in your hand by the end of the day, they will have to go through your lawyer.
|
> independent freelancer Were you working independently (1099) or freelancing as an employee (W2)? If the former, you can say "pay me or I'm suing" and if the latter "pay me or I'm filing a wage claim."
| 1 | 146 | 5.521739 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqijjv
|
icqhjmi
| 1,655,486,370 | 1,655,485,929 | 1,058 | 368 |
1. What does your contract say? 2. Have you reached out to someone with actual authority about this? A quick, professional phone call or email to the CEO or company owner, "Hey, just reaching out about this unpaid invoice ... " should get you paid. Unless your contract says you have to leap through all of their hoops, don't.
|
> independent freelancer Were you working independently (1099) or freelancing as an employee (W2)? If the former, you can say "pay me or I'm suing" and if the latter "pay me or I'm filing a wage claim."
| 1 | 441 | 2.875 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqowb4
|
icqhjmi
| 1,655,489,130 | 1,655,485,929 | 583 | 368 |
If you're a 1099 contractor then you and their HR department have absolutely nothing to discuss. As far as their company is concerned you're essentially another company that performed a service for their company in exchange for an agreed upon amount of money. Time to make a call to someone with some authority there that can straighten things out and have a larger interest in not being sued.
|
> independent freelancer Were you working independently (1099) or freelancing as an employee (W2)? If the former, you can say "pay me or I'm suing" and if the latter "pay me or I'm filing a wage claim."
| 1 | 3,201 | 1.584239 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqqkza
|
icqhjmi
| 1,655,489,863 | 1,655,485,929 | 384 | 368 |
Not a lawyer but as an independent contractor, you are a one-person company. Their relationship to you is not one of company to employee, its company to company. HR shouldn't be talking to you at all. When they buy a pallet of copier paper from a supplier and the supplier invoices them, that invoice is paid without HR getting involved and forcing the guy that delivered the paper to take a drug test first.
|
> independent freelancer Were you working independently (1099) or freelancing as an employee (W2)? If the former, you can say "pay me or I'm suing" and if the latter "pay me or I'm filing a wage claim."
| 1 | 3,934 | 1.043478 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqqkza
|
icqqfhy
| 1,655,489,863 | 1,655,489,797 | 384 | 106 |
Not a lawyer but as an independent contractor, you are a one-person company. Their relationship to you is not one of company to employee, its company to company. HR shouldn't be talking to you at all. When they buy a pallet of copier paper from a supplier and the supplier invoices them, that invoice is paid without HR getting involved and forcing the guy that delivered the paper to take a drug test first.
|
Are they already using the work? Tell them without payment you are revoking the license of the work for hire. Continuing to use the work after revocation (as they have not paid any consideration) is copyright infringement. You would need to register the work with the copyright office before you could sue. If you do it within 90 days of first publication you can go for statutory damages and attorneys fees.
| 1 | 66 | 3.622642 |
veksl4
|
legaladvice_train
| 0.98 |
I completed a job as a freelancer. Now the company claims they can't pay me until after I've completed a drug test. Located in Tennessee. I am a self-employed freelance graphic designer. A company reached out and asked me to work on an urgent project. The project was completed this week. Because the timeline was so rushed, their HR department reached out AFTER the work was finished. They asked me to complete a contract, background check, and drug screening. HR said that they can only pay me after all of these were completed. I submitted the contract and background screening info, but I am traveling over the next few weeks and have absolutely zero room in my schedule to go take a drug test. I told them I wouldn't have availability to do so until 3 weeks from now. They said that there is no exception and my payment will not be processed before they have the results of a drug screening, and if I choose to wait, they'll be forced to delay my payment in response. First, are they even allowed to require an independent freelancer take a drug screening? The contract they asked me to sign specifically states that I am NOT an employee, and that it is a strictly consultant/freelancer relationship. I've been working fully remotely, part-time, and it seems silly to me to even require one for a freelancer in that position. Secondly, are they able to withhold payment for a job that was completed BEFORE they mandated the drug screening? I have nothing to hide and have no problem taking a screening, but I really will not have the time within the next few weeks. Thanks in advance!
|
icqvb1w
|
icqse08
| 1,655,491,933 | 1,655,490,650 | 93 | 50 |
Not a lawyer, but work in contracts. The very basic elements of a contract are Terms, Compensation, and Mutual Agreement. You had mutual agreement on the original terms, and you provided in accordance with those terms. If they want to change those terms now, they need to provide you with a reason to agree, which is usually in the form of additional compensation. Assuming your quote or invoice sets terms on payment (ie. Net 30) then inform them they have until that date you render payment or they will be in breach of contract and you will be forced to seek payment through legal recourse. Beyond all of that, why the hell is HR involved in invoicing or contracts? You need to speak to someone in accounts/finance/contracting.
|
Do not talk to Human Resources. First of all they don’t control the check book. Second of all you are not their employee. Call the company and ask to speak to their accounting department or ask the person who contracted you how to submit an invoice. Edited to say take this as a lesson to not provide finished work until you have a contract/order in place. If it’s truly that much of a rush then they can get someone important to sign off and approve the funds. I’m kind of laughing at the concept of one of my customers telling me I need to take a drug test to get paid. I’ve done it to enter a nuclear facility or lab to work but it was always clearly spelled out and done before any work started.
| 1 | 1,283 | 1.86 |
svw5wi
|
legaladvice_train
| 0.98 |
My truck was stolen from a Firestone shop two weeks ago. Firestone failed to notify me of the truck missing. Is there any advice that can help me? They are claiming non negligence in this incident. Hi everyone. January 19 I dropped off my truck at Firestone for a simple oil change. Work was to be performed the following day on January 20th. I did not receive a call that my truck was ready so I figured it took an extra day. The following day 21st I called and I was told that a tech broke the shift gear and the truck is currently not usable. That was the first act of negligence, not notifying me they broke my truck and made it unusable. They also did not have the part in hand and it was discontinued so they had to search for it at junkyard sites. I followed up the next week and I was told that they can’t find the part so the truck is sitting at their lot. I had a very busy week last week so I could not give Firestone a call, I finally called them Wednesday February 16th and was told they would call me the next day. Thursday February 17th I get a call, the store manager said “a tow truck showed up and took your truck two weeks ago, we assumed it was you.” I was in shock, how does a tow truck just take a truck from them and they don’t notify me about it. Well today the 18th I find out through the area manager that the truck was taken overnight. This again happened two weeks ago. Firestone for two weeks did not notify me of my missing truck, I only found out cause I called for an update. Firestone is now claiming non negligence because they assumed I took it even tho I never once said I was towing my truck. Is there any legal action I can take? I mean the negligence on this is everywhere. I’m considering contacting an attorney but not sure who the proper one would be. I’m located in St. Paul Minnesota. Thank you!
|
hxju6l6
|
hxkers7
| 1,645,253,326 | 1,645,269,966 | 229 | 560 |
I would start with reporting to police as stolen, then to MN atty general, they will help guide you for next steps, and AG may reach out to Firestone on your behalf. Otherwise I’d get ready to go to court against them. If it’s above 15k get a lawyer for district court. Get a lawyer either way actually. Recommend to start recording what they say in phone conversations (1 party consent), and document every interaction you’ve had so far with every detail you can. Perhaps give them a call and ask for a full explanation while recording. Is truck reported stolen?! Do that asap. Please tell me you did this already. Through police. Put heavy finger on Firestone, as potential suspect, and for vehicle stolen under their supervision with their knowledge (to an extent). Also call insurance provider and advise them of current status of vehicle, request their feedback or guidance if any. Not a lawyer. Not legal advice. Just what I would do in your situation. Make many calls, get ball rolling fast.
|
Call the cops and your insurance. Firestone does not get to decide who is negligent.
| 0 | 16,640 | 2.445415 |
svw5wi
|
legaladvice_train
| 0.98 |
My truck was stolen from a Firestone shop two weeks ago. Firestone failed to notify me of the truck missing. Is there any advice that can help me? They are claiming non negligence in this incident. Hi everyone. January 19 I dropped off my truck at Firestone for a simple oil change. Work was to be performed the following day on January 20th. I did not receive a call that my truck was ready so I figured it took an extra day. The following day 21st I called and I was told that a tech broke the shift gear and the truck is currently not usable. That was the first act of negligence, not notifying me they broke my truck and made it unusable. They also did not have the part in hand and it was discontinued so they had to search for it at junkyard sites. I followed up the next week and I was told that they can’t find the part so the truck is sitting at their lot. I had a very busy week last week so I could not give Firestone a call, I finally called them Wednesday February 16th and was told they would call me the next day. Thursday February 17th I get a call, the store manager said “a tow truck showed up and took your truck two weeks ago, we assumed it was you.” I was in shock, how does a tow truck just take a truck from them and they don’t notify me about it. Well today the 18th I find out through the area manager that the truck was taken overnight. This again happened two weeks ago. Firestone for two weeks did not notify me of my missing truck, I only found out cause I called for an update. Firestone is now claiming non negligence because they assumed I took it even tho I never once said I was towing my truck. Is there any legal action I can take? I mean the negligence on this is everywhere. I’m considering contacting an attorney but not sure who the proper one would be. I’m located in St. Paul Minnesota. Thank you!
|
hxjpv12
|
hxkers7
| 1,645,250,312 | 1,645,269,966 | 55 | 560 |
File against firestone
|
Call the cops and your insurance. Firestone does not get to decide who is negligent.
| 0 | 19,654 | 10.181818 |
svw5wi
|
legaladvice_train
| 0.98 |
My truck was stolen from a Firestone shop two weeks ago. Firestone failed to notify me of the truck missing. Is there any advice that can help me? They are claiming non negligence in this incident. Hi everyone. January 19 I dropped off my truck at Firestone for a simple oil change. Work was to be performed the following day on January 20th. I did not receive a call that my truck was ready so I figured it took an extra day. The following day 21st I called and I was told that a tech broke the shift gear and the truck is currently not usable. That was the first act of negligence, not notifying me they broke my truck and made it unusable. They also did not have the part in hand and it was discontinued so they had to search for it at junkyard sites. I followed up the next week and I was told that they can’t find the part so the truck is sitting at their lot. I had a very busy week last week so I could not give Firestone a call, I finally called them Wednesday February 16th and was told they would call me the next day. Thursday February 17th I get a call, the store manager said “a tow truck showed up and took your truck two weeks ago, we assumed it was you.” I was in shock, how does a tow truck just take a truck from them and they don’t notify me about it. Well today the 18th I find out through the area manager that the truck was taken overnight. This again happened two weeks ago. Firestone for two weeks did not notify me of my missing truck, I only found out cause I called for an update. Firestone is now claiming non negligence because they assumed I took it even tho I never once said I was towing my truck. Is there any legal action I can take? I mean the negligence on this is everywhere. I’m considering contacting an attorney but not sure who the proper one would be. I’m located in St. Paul Minnesota. Thank you!
|
hxjpv12
|
hxju6l6
| 1,645,250,312 | 1,645,253,326 | 55 | 229 |
File against firestone
|
I would start with reporting to police as stolen, then to MN atty general, they will help guide you for next steps, and AG may reach out to Firestone on your behalf. Otherwise I’d get ready to go to court against them. If it’s above 15k get a lawyer for district court. Get a lawyer either way actually. Recommend to start recording what they say in phone conversations (1 party consent), and document every interaction you’ve had so far with every detail you can. Perhaps give them a call and ask for a full explanation while recording. Is truck reported stolen?! Do that asap. Please tell me you did this already. Through police. Put heavy finger on Firestone, as potential suspect, and for vehicle stolen under their supervision with their knowledge (to an extent). Also call insurance provider and advise them of current status of vehicle, request their feedback or guidance if any. Not a lawyer. Not legal advice. Just what I would do in your situation. Make many calls, get ball rolling fast.
| 0 | 3,014 | 4.163636 |
5527ng
|
legaladvice_train
| 0.95 |
My Arkansas Landlord is trying to force me to pay rent on a place the city condemned. She is also giving bad references to potential landlords about me. Basically, my landlord is being an asshole. I was in the place maybe, a month when the water and sewage stopped working and my landlord refused to fix it. Sewage seeped into the yard and over towards neighboring property. They called code enforcement when my landlord refused to fix it saying "she didn't have the money". The city code enforcement officer came out and knocked on my door and we did a walk through the house. He said it was a) illegally rented as it wasn't zoned to be a house(? he used exact words but I've forgotten them b) the electric wiring is not up to code and a fire hazard c) the sewage and water needed to fixed d) parts of the roof that I couldn't see where caving in. None of those problems are obviously my fault. He called another guy that came out later. I think his boss and they looked over the property. About a month later some guy came out and told me I had to vacate as they were condemning the property. They said my landlord had been informed and they wouldn't tell me anything else but that I had to leave the property. I called my landlord but she never picked up so I sent her pictures of the place with the condemned signs on the door and moved my stuff out. I obviously stopped paying rent because I can't live in the place but I was current for that month. I requested my deposit back and tried to get another place. I gave her number as she is my first landlord but she is telling my potential landlords that I wrecked the place and that all the problems are my fault. This morning I got a letter sent to my mom's house (my last officially address) saying she wouldn't be returning my deposit, that I owed HER money for the damage, an list of damages that couldn't possibly be my fault (wiring, sewage, broken pipes, a roof with a whole in it), and a 3 day pay or quit notice for October rent but it isn't even October 1 yet. My lease says rent is due October 1. I told her I would move back in and pay rent when I was legally allowed to live there since the city had condemned it. She warned me she would file or the eviction and the full amount of the lease term. My deposit was only $300 so I am not that worried. I just want to be done with this lady. I drove by the house today and she has removed the condemned notice but when I called the code enforcement guy, he said it didn't matter was and still is approved condemned by the City Board of Directors in Little Rock. He told me that since it was a matter between him and the former (? I wonder if that is right) property owner, he couldn't give me anymore information but suggested avenues to obtain that information that were public,etc. etc. Can she really sue me for rent on a property that I can't live in? What can I do about her untrue references to my new potential landlords? I am scared because I know Arkansas is one of those states you can go to jail for not paying rent. I don't want to go to jail. Do I pay or no? Also, could the city take the property from her?
|
d86vw7g
|
d86w6xv
| 1,475,157,626 | 1,475,158,074 | 69 | 484 |
I'm in this glorious landlord friendly fuck up of a state and I have never heard of anyone going to jail for not paying rent. She can sue you for non payment of rent. But she will not win if you show up. It is illegal to take rent on a condemned house. Just bring what ever evidence you have of the condemnation. Get the pic on your phone printed out and ask the code guy to make a statement. I would counter sue for your deposit and a cease and desist on the bad mouthing you.
|
She's in breach of the lease since the home is not habitable. Document everything - pictures, messages, notices, etc. If she does try to sue, bring that with you. She has absolutely no case. She needs to return your deposit - you can send her a demand letter, by certified mail, and sue her for the amount in small claims court. Edit: Apparently this is wrong. Arkansas is really weird in that there is no implied warranty of habitability (thanks /u/Strawsonian). So it'd have to be written into the lease. OP, you need a lawyer, stat. Call your state bar association and see if they can refer you.
| 0 | 448 | 7.014493 |
5527ng
|
legaladvice_train
| 0.95 |
My Arkansas Landlord is trying to force me to pay rent on a place the city condemned. She is also giving bad references to potential landlords about me. Basically, my landlord is being an asshole. I was in the place maybe, a month when the water and sewage stopped working and my landlord refused to fix it. Sewage seeped into the yard and over towards neighboring property. They called code enforcement when my landlord refused to fix it saying "she didn't have the money". The city code enforcement officer came out and knocked on my door and we did a walk through the house. He said it was a) illegally rented as it wasn't zoned to be a house(? he used exact words but I've forgotten them b) the electric wiring is not up to code and a fire hazard c) the sewage and water needed to fixed d) parts of the roof that I couldn't see where caving in. None of those problems are obviously my fault. He called another guy that came out later. I think his boss and they looked over the property. About a month later some guy came out and told me I had to vacate as they were condemning the property. They said my landlord had been informed and they wouldn't tell me anything else but that I had to leave the property. I called my landlord but she never picked up so I sent her pictures of the place with the condemned signs on the door and moved my stuff out. I obviously stopped paying rent because I can't live in the place but I was current for that month. I requested my deposit back and tried to get another place. I gave her number as she is my first landlord but she is telling my potential landlords that I wrecked the place and that all the problems are my fault. This morning I got a letter sent to my mom's house (my last officially address) saying she wouldn't be returning my deposit, that I owed HER money for the damage, an list of damages that couldn't possibly be my fault (wiring, sewage, broken pipes, a roof with a whole in it), and a 3 day pay or quit notice for October rent but it isn't even October 1 yet. My lease says rent is due October 1. I told her I would move back in and pay rent when I was legally allowed to live there since the city had condemned it. She warned me she would file or the eviction and the full amount of the lease term. My deposit was only $300 so I am not that worried. I just want to be done with this lady. I drove by the house today and she has removed the condemned notice but when I called the code enforcement guy, he said it didn't matter was and still is approved condemned by the City Board of Directors in Little Rock. He told me that since it was a matter between him and the former (? I wonder if that is right) property owner, he couldn't give me anymore information but suggested avenues to obtain that information that were public,etc. etc. Can she really sue me for rent on a property that I can't live in? What can I do about her untrue references to my new potential landlords? I am scared because I know Arkansas is one of those states you can go to jail for not paying rent. I don't want to go to jail. Do I pay or no? Also, could the city take the property from her?
|
d8706dn
|
d86wghr
| 1,475,163,481 | 1,475,158,467 | 59 | 12 |
I worked on a project on tenants' rights for Legal Aid of Arkansas when I was in law school. It was a priority for them then—it may still be now. Couldn't hurt to give them a call.
|
You might search Reddit specifically about Arkansas and landlord issues. Someone posted a very informative article about how tenants have no rights. So much so that evictions can be executed without the tenant being allowed to fight. The article was posted in the last month or so. I remember being stunned at how little protection tenants have.
| 1 | 5,014 | 4.916667 |
795eob
|
legaladvice_train
| 0.75 |
[TX] College won't let me host a video game tournament without permission from the creator of the game. Do I need this? https://imgur.com/usB07RI I run a club for Super Smash Bros. Melee at my college. The club has existed in some form or another for about 10 years and throughout that time has run tournaments on Friday every week and a tournament on Saturday every month. How the tournament works is that people bring consoles and TVs, and we make a double elimination bracket with the attendees, all of whom pay an entry fee, which is split among the winners. The money thing has caused an issue before, but we've managed to convince the administration that it's a game of skill and not a game of chance. There was a new policy instituted that requires us to get Nintendo's permission. This is difficult considering they routinely don't answer requests to run tournaments which have 2000 people, much less 100. It's a 15 year old game that Nintendo just doesn't care about anymore. The issue, as far as I can tell, is that a university room is a "public space" and that using a video game in that space requires permission from the rights holder. If anyone could help me navigate this, I would really appreciate it. I know 99.99% that Nintendo wouldn't sue us for running a 100 person monthly, but I'm not sure that's enough for the administration. What is the legality of having to ask for permission for video games?
|
doz9ulg
|
doz9q8e
| 1,509,132,301 | 1,509,132,167 | 105 | 53 |
You are charging a fee to use Nintendo's intellectual property for a purpose for which you don't have authorization. Your school is absolutely correct - regardless of the likelihood of Nintendo's enforcement.
|
Doesn't matter. If the University says you have to get permission, you have to get permission. It's not a legal issue, it's a policy issue.
| 1 | 134 | 1.981132 |
795eob
|
legaladvice_train
| 0.75 |
[TX] College won't let me host a video game tournament without permission from the creator of the game. Do I need this? https://imgur.com/usB07RI I run a club for Super Smash Bros. Melee at my college. The club has existed in some form or another for about 10 years and throughout that time has run tournaments on Friday every week and a tournament on Saturday every month. How the tournament works is that people bring consoles and TVs, and we make a double elimination bracket with the attendees, all of whom pay an entry fee, which is split among the winners. The money thing has caused an issue before, but we've managed to convince the administration that it's a game of skill and not a game of chance. There was a new policy instituted that requires us to get Nintendo's permission. This is difficult considering they routinely don't answer requests to run tournaments which have 2000 people, much less 100. It's a 15 year old game that Nintendo just doesn't care about anymore. The issue, as far as I can tell, is that a university room is a "public space" and that using a video game in that space requires permission from the rights holder. If anyone could help me navigate this, I would really appreciate it. I know 99.99% that Nintendo wouldn't sue us for running a 100 person monthly, but I'm not sure that's enough for the administration. What is the legality of having to ask for permission for video games?
|
doz9q0y
|
doz9ulg
| 1,509,132,161 | 1,509,132,301 | 22 | 105 |
If the entity providing the space says you have to ask for permission, you have to ask for permission.
|
You are charging a fee to use Nintendo's intellectual property for a purpose for which you don't have authorization. Your school is absolutely correct - regardless of the likelihood of Nintendo's enforcement.
| 0 | 140 | 4.772727 |
795eob
|
legaladvice_train
| 0.75 |
[TX] College won't let me host a video game tournament without permission from the creator of the game. Do I need this? https://imgur.com/usB07RI I run a club for Super Smash Bros. Melee at my college. The club has existed in some form or another for about 10 years and throughout that time has run tournaments on Friday every week and a tournament on Saturday every month. How the tournament works is that people bring consoles and TVs, and we make a double elimination bracket with the attendees, all of whom pay an entry fee, which is split among the winners. The money thing has caused an issue before, but we've managed to convince the administration that it's a game of skill and not a game of chance. There was a new policy instituted that requires us to get Nintendo's permission. This is difficult considering they routinely don't answer requests to run tournaments which have 2000 people, much less 100. It's a 15 year old game that Nintendo just doesn't care about anymore. The issue, as far as I can tell, is that a university room is a "public space" and that using a video game in that space requires permission from the rights holder. If anyone could help me navigate this, I would really appreciate it. I know 99.99% that Nintendo wouldn't sue us for running a 100 person monthly, but I'm not sure that's enough for the administration. What is the legality of having to ask for permission for video games?
|
doz9rij
|
doz9ulg
| 1,509,132,206 | 1,509,132,301 | 3 | 105 |
Its because there's money involved. Nintendo is pretty hope. Reach out and see what happens.
|
You are charging a fee to use Nintendo's intellectual property for a purpose for which you don't have authorization. Your school is absolutely correct - regardless of the likelihood of Nintendo's enforcement.
| 0 | 95 | 35 |
795eob
|
legaladvice_train
| 0.75 |
[TX] College won't let me host a video game tournament without permission from the creator of the game. Do I need this? https://imgur.com/usB07RI I run a club for Super Smash Bros. Melee at my college. The club has existed in some form or another for about 10 years and throughout that time has run tournaments on Friday every week and a tournament on Saturday every month. How the tournament works is that people bring consoles and TVs, and we make a double elimination bracket with the attendees, all of whom pay an entry fee, which is split among the winners. The money thing has caused an issue before, but we've managed to convince the administration that it's a game of skill and not a game of chance. There was a new policy instituted that requires us to get Nintendo's permission. This is difficult considering they routinely don't answer requests to run tournaments which have 2000 people, much less 100. It's a 15 year old game that Nintendo just doesn't care about anymore. The issue, as far as I can tell, is that a university room is a "public space" and that using a video game in that space requires permission from the rights holder. If anyone could help me navigate this, I would really appreciate it. I know 99.99% that Nintendo wouldn't sue us for running a 100 person monthly, but I'm not sure that's enough for the administration. What is the legality of having to ask for permission for video games?
|
doz9q0y
|
doz9q8e
| 1,509,132,161 | 1,509,132,167 | 22 | 53 |
If the entity providing the space says you have to ask for permission, you have to ask for permission.
|
Doesn't matter. If the University says you have to get permission, you have to get permission. It's not a legal issue, it's a policy issue.
| 0 | 6 | 2.409091 |
795eob
|
legaladvice_train
| 0.75 |
[TX] College won't let me host a video game tournament without permission from the creator of the game. Do I need this? https://imgur.com/usB07RI I run a club for Super Smash Bros. Melee at my college. The club has existed in some form or another for about 10 years and throughout that time has run tournaments on Friday every week and a tournament on Saturday every month. How the tournament works is that people bring consoles and TVs, and we make a double elimination bracket with the attendees, all of whom pay an entry fee, which is split among the winners. The money thing has caused an issue before, but we've managed to convince the administration that it's a game of skill and not a game of chance. There was a new policy instituted that requires us to get Nintendo's permission. This is difficult considering they routinely don't answer requests to run tournaments which have 2000 people, much less 100. It's a 15 year old game that Nintendo just doesn't care about anymore. The issue, as far as I can tell, is that a university room is a "public space" and that using a video game in that space requires permission from the rights holder. If anyone could help me navigate this, I would really appreciate it. I know 99.99% that Nintendo wouldn't sue us for running a 100 person monthly, but I'm not sure that's enough for the administration. What is the legality of having to ask for permission for video games?
|
dozdtja
|
doz9rij
| 1,509,136,729 | 1,509,132,206 | 16 | 3 |
It seems you don't know your history very well. A single internet search brought me to an article called Why Nintendo can legally shut down any Smash Bros tournament it wants, which explains this pretty thoroughly and talks about large tournaments where Nintendo has chosen to exercise its licensing rights. This relates back to the same FBI warning on DVDs of movies which you've probably been ignoring. With both movies and video games, when you purchase it, you're accepting a license to that copy of the movie or game with the restriction that you won't use it for "public performances". Showing or playing them to your family and some friends is allowed, but having more people than that around *or* doing it in a place that's open to the public (like a classroom) makes it a "public performance", and that requires a different license and/or explicit permission. Enforcement of this is very lax, but that doesn't make it legal or okay. (Analogy: The police might not ticket you for speeding every time you break the speed limit, but that doesn't make it legal or acceptable to speed. Legally they *could* ticket you every time, they're just choosing not to.)
|
Its because there's money involved. Nintendo is pretty hope. Reach out and see what happens.
| 1 | 4,523 | 5.333333 |
795eob
|
legaladvice_train
| 0.75 |
[TX] College won't let me host a video game tournament without permission from the creator of the game. Do I need this? https://imgur.com/usB07RI I run a club for Super Smash Bros. Melee at my college. The club has existed in some form or another for about 10 years and throughout that time has run tournaments on Friday every week and a tournament on Saturday every month. How the tournament works is that people bring consoles and TVs, and we make a double elimination bracket with the attendees, all of whom pay an entry fee, which is split among the winners. The money thing has caused an issue before, but we've managed to convince the administration that it's a game of skill and not a game of chance. There was a new policy instituted that requires us to get Nintendo's permission. This is difficult considering they routinely don't answer requests to run tournaments which have 2000 people, much less 100. It's a 15 year old game that Nintendo just doesn't care about anymore. The issue, as far as I can tell, is that a university room is a "public space" and that using a video game in that space requires permission from the rights holder. If anyone could help me navigate this, I would really appreciate it. I know 99.99% that Nintendo wouldn't sue us for running a 100 person monthly, but I'm not sure that's enough for the administration. What is the legality of having to ask for permission for video games?
|
doz9rij
|
doze1bx
| 1,509,132,206 | 1,509,136,979 | 3 | 10 |
Its because there's money involved. Nintendo is pretty hope. Reach out and see what happens.
|
You say it's impossible, but just try. You have nothing to lose at this point. They can revoke permission at anytime. Contact Nintendo. Try DMing them on Twitter, @NintendoAmerica. Companies like this are often responsive, and the social media coordinator can get you in contact with the right person. If the social person gives you permission right away, screenshot it. Also, ask for written permission to be emailed to you, just in case the University is skeptical about the Twitter thing. Just let the University know that it may take more than seven days, but you're working on it.
| 0 | 4,773 | 3.333333 |
795eob
|
legaladvice_train
| 0.75 |
[TX] College won't let me host a video game tournament without permission from the creator of the game. Do I need this? https://imgur.com/usB07RI I run a club for Super Smash Bros. Melee at my college. The club has existed in some form or another for about 10 years and throughout that time has run tournaments on Friday every week and a tournament on Saturday every month. How the tournament works is that people bring consoles and TVs, and we make a double elimination bracket with the attendees, all of whom pay an entry fee, which is split among the winners. The money thing has caused an issue before, but we've managed to convince the administration that it's a game of skill and not a game of chance. There was a new policy instituted that requires us to get Nintendo's permission. This is difficult considering they routinely don't answer requests to run tournaments which have 2000 people, much less 100. It's a 15 year old game that Nintendo just doesn't care about anymore. The issue, as far as I can tell, is that a university room is a "public space" and that using a video game in that space requires permission from the rights holder. If anyone could help me navigate this, I would really appreciate it. I know 99.99% that Nintendo wouldn't sue us for running a 100 person monthly, but I'm not sure that's enough for the administration. What is the legality of having to ask for permission for video games?
|
dozizvf
|
doz9rij
| 1,509,143,140 | 1,509,132,206 | 7 | 3 |
Is it viable to just play for free? That might help sway the admin. As someone else who has dealt with esports clubs in undergrad I know having an official registered club can help as well. We didn't do entry fees at all because we received funding as an official club.
|
Its because there's money involved. Nintendo is pretty hope. Reach out and see what happens.
| 1 | 10,934 | 2.333333 |
4iew1a
|
legaladvice_train
| 0.96 |
Won $5000 in a songwriting contest. Received $2000. Guy in charge of contest won't respond to any of my emails. What's the best way to proceed to get the rest of my winnings? In late 2014, I won a songwriting contest with one of the prizes being $5000. The contest head and I agreed on $1000 every 3 months. Beginning of 2015 I received my first 2 payments(of $1000/each) and then the head of the contest lets me know that he didn't bring in enough money from the contest and that he has to delay the next payment 3 months. I emailed him 3 months later but its his secretary that responds and she tells me they were "in the red" for the contest and won't be able to pay me this quarter either. I emailed them a month later and I get the same response. I just emailed them again 6 months later and got no response this time. Twice. I'm located in Oklahoma and on his website(He manages artists as well) it shows an address in Arkansas. Any advice on the best way to get the rest of my winnings? Can I take him to small claims court? Does it matter we're in different states? If I won the case, do they garnish his wages or something else?
|
d2yhhpr
|
d2y9hsw
| 1,462,795,513 | 1,462,769,318 | 21 | 13 |
In the contest, did you cede any copyright to the song? Was the song used in promotional materials of any sort? Also, is the person asking you to fill out any tax paperwork? If the contest were legit you would probably only see 60% after withholding.
|
Isn't breach of contract subject to trebel damages?
| 1 | 26,195 | 1.615385 |
ema8x0
|
legaladvice_train
| 0.9 |
My Ex Gf picked up my controlled substance prescription at my local pharmacy Location is Pennsylvania Today when I went to pick up my controlled substance prescription at my local pharmacy Walgreens. The lady at the counter told me that someone else already picked up my prescription that it was due on refill today. The only person that know that I have this prescription and able to provide my birthday and phone number is my ex gf. Now what can I do here legally? Should I call the police or held the pharmacy liable? I have had my prescription stolen before and when I asked my doctor to give me a new prescription even with police report and case number and he still refuse to let me get a new refill until 30 days period are up. I need my prescription to function. Need help and advice please.
|
fdn9slb
|
fdn99lh
| 1,578,581,050 | 1,578,580,677 | 277 | 45 |
Police report--it's not the pharmacy's fault. People pick up other people's controlleds all the time. (Lots of people are too sick to go pick up their own meds.) The pharmacy should have required her to provide ID, and should have her on camera. Police. Call the non emergency line. Do it today. Assuming it's opioids or speed, you're probably not getting a refill, but you can make sure your ex doesn't do this to anyone else.
|
Yep, file a police report and work with the pharmacy manager to get your prescription. You'll need to lock down your account with them too so only you can pick up your medicine and so they require a photo ID to do so.
| 1 | 373 | 6.155556 |
ema8x0
|
legaladvice_train
| 0.9 |
My Ex Gf picked up my controlled substance prescription at my local pharmacy Location is Pennsylvania Today when I went to pick up my controlled substance prescription at my local pharmacy Walgreens. The lady at the counter told me that someone else already picked up my prescription that it was due on refill today. The only person that know that I have this prescription and able to provide my birthday and phone number is my ex gf. Now what can I do here legally? Should I call the police or held the pharmacy liable? I have had my prescription stolen before and when I asked my doctor to give me a new prescription even with police report and case number and he still refuse to let me get a new refill until 30 days period are up. I need my prescription to function. Need help and advice please.
|
fdn9slb
|
fdn9qic
| 1,578,581,050 | 1,578,581,009 | 277 | 12 |
Police report--it's not the pharmacy's fault. People pick up other people's controlleds all the time. (Lots of people are too sick to go pick up their own meds.) The pharmacy should have required her to provide ID, and should have her on camera. Police. Call the non emergency line. Do it today. Assuming it's opioids or speed, you're probably not getting a refill, but you can make sure your ex doesn't do this to anyone else.
|
Most pharmacies or at least the ones I go to require a drivers license to get a controlled substance and then they scan it. If they did that have them give you the record and go to the police they will arrest her. If you have insurance and have the police record your insurance company may give you an override which would let the pharmacist refill your prescription.. I don’t know why your doctor is being such a pain but I don’t think he can ethically cut you off if it was legitimately stolen unless this has happened a lot.
| 1 | 41 | 23.083333 |
ema8x0
|
legaladvice_train
| 0.9 |
My Ex Gf picked up my controlled substance prescription at my local pharmacy Location is Pennsylvania Today when I went to pick up my controlled substance prescription at my local pharmacy Walgreens. The lady at the counter told me that someone else already picked up my prescription that it was due on refill today. The only person that know that I have this prescription and able to provide my birthday and phone number is my ex gf. Now what can I do here legally? Should I call the police or held the pharmacy liable? I have had my prescription stolen before and when I asked my doctor to give me a new prescription even with police report and case number and he still refuse to let me get a new refill until 30 days period are up. I need my prescription to function. Need help and advice please.
|
fdo1cp3
|
fdo71tx
| 1,578,597,078 | 1,578,600,010 | 22 | 30 |
File the police report. With the police report in hand, you can go to your doctor and the pharmacy and get a new prescription. Theft of a controlled substance is a crime. The pharmacy tech who gave the prescription out should have also asked for the identification of the person picking up the prescription. At the pharmacy I worked for (also a Walgreens), only the person who's name was on the script or their caregiver was allowed to pick it up UNLESS the patient called ahead and gave us the name and description of the person picking up the medication. That person knows you are an easy source of drugs and has your information. Once you get the medication side handles, switch pharmacy locations or pharmacies entirely so they can't do this again. Maybe even put a note in your file to ask for ID every time they pull your prescription. Sometimes that's enough of an inconvenience to throw off a possible theft.
|
Having dealt with issues like this in the past, I can tell you that ultimately you’re looking at going for some time without meds. You should absolutely file a report, obtain all the copies of it you need, contact your physician, pharmacist and insurance company, but I hate to tell you even all of the above won’t be enough to immediately release the Rx to you. Many insurance companies require prior authorizations to fill a scheduled Rx any time before the refill parameters. PAs can take anywhere from a week to months in my experience and when they’re under way, there isn’t much anyone can do to make the process accelerate. Finally, the speed at which you can obtain your meds is ultimately set by your insurance company. If you have a good report with your physician and pharmacist, the PA process can sometimes be circumnavigated when a physician writes a NEW rx with different directions or larger quantity. If your physician is savvy at all they might be willing to do this for you but I’d imagine this to be somewhat few and far between. Good luck! Make sure you visit the ED if withdrawal from your meds is life threatening (benzodiazepines) - as they will give you a dose to tide you over.
| 0 | 2,932 | 1.363636 |
ema8x0
|
legaladvice_train
| 0.9 |
My Ex Gf picked up my controlled substance prescription at my local pharmacy Location is Pennsylvania Today when I went to pick up my controlled substance prescription at my local pharmacy Walgreens. The lady at the counter told me that someone else already picked up my prescription that it was due on refill today. The only person that know that I have this prescription and able to provide my birthday and phone number is my ex gf. Now what can I do here legally? Should I call the police or held the pharmacy liable? I have had my prescription stolen before and when I asked my doctor to give me a new prescription even with police report and case number and he still refuse to let me get a new refill until 30 days period are up. I need my prescription to function. Need help and advice please.
|
fdn9qic
|
fdo71tx
| 1,578,581,009 | 1,578,600,010 | 12 | 30 |
Most pharmacies or at least the ones I go to require a drivers license to get a controlled substance and then they scan it. If they did that have them give you the record and go to the police they will arrest her. If you have insurance and have the police record your insurance company may give you an override which would let the pharmacist refill your prescription.. I don’t know why your doctor is being such a pain but I don’t think he can ethically cut you off if it was legitimately stolen unless this has happened a lot.
|
Having dealt with issues like this in the past, I can tell you that ultimately you’re looking at going for some time without meds. You should absolutely file a report, obtain all the copies of it you need, contact your physician, pharmacist and insurance company, but I hate to tell you even all of the above won’t be enough to immediately release the Rx to you. Many insurance companies require prior authorizations to fill a scheduled Rx any time before the refill parameters. PAs can take anywhere from a week to months in my experience and when they’re under way, there isn’t much anyone can do to make the process accelerate. Finally, the speed at which you can obtain your meds is ultimately set by your insurance company. If you have a good report with your physician and pharmacist, the PA process can sometimes be circumnavigated when a physician writes a NEW rx with different directions or larger quantity. If your physician is savvy at all they might be willing to do this for you but I’d imagine this to be somewhat few and far between. Good luck! Make sure you visit the ED if withdrawal from your meds is life threatening (benzodiazepines) - as they will give you a dose to tide you over.
| 0 | 19,001 | 2.5 |
ema8x0
|
legaladvice_train
| 0.9 |
My Ex Gf picked up my controlled substance prescription at my local pharmacy Location is Pennsylvania Today when I went to pick up my controlled substance prescription at my local pharmacy Walgreens. The lady at the counter told me that someone else already picked up my prescription that it was due on refill today. The only person that know that I have this prescription and able to provide my birthday and phone number is my ex gf. Now what can I do here legally? Should I call the police or held the pharmacy liable? I have had my prescription stolen before and when I asked my doctor to give me a new prescription even with police report and case number and he still refuse to let me get a new refill until 30 days period are up. I need my prescription to function. Need help and advice please.
|
fdnh1wr
|
fdo71tx
| 1,578,585,641 | 1,578,600,010 | 10 | 30 |
Police. Not going to bother explaining what should be blatantly obvious.
|
Having dealt with issues like this in the past, I can tell you that ultimately you’re looking at going for some time without meds. You should absolutely file a report, obtain all the copies of it you need, contact your physician, pharmacist and insurance company, but I hate to tell you even all of the above won’t be enough to immediately release the Rx to you. Many insurance companies require prior authorizations to fill a scheduled Rx any time before the refill parameters. PAs can take anywhere from a week to months in my experience and when they’re under way, there isn’t much anyone can do to make the process accelerate. Finally, the speed at which you can obtain your meds is ultimately set by your insurance company. If you have a good report with your physician and pharmacist, the PA process can sometimes be circumnavigated when a physician writes a NEW rx with different directions or larger quantity. If your physician is savvy at all they might be willing to do this for you but I’d imagine this to be somewhat few and far between. Good luck! Make sure you visit the ED if withdrawal from your meds is life threatening (benzodiazepines) - as they will give you a dose to tide you over.
| 0 | 14,369 | 3 |
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