Friday, March 17, 2017

Real estate laws in Georgia in 2017

Q: What is the dissimilarity between Deed and also a Title to a property?

Attorney Solution Ben F Meek III

A: A Deed is a document which is a type of muniment or signs of title and reveals the grant of certain rights in and to the identified property. "Title" is the bundle of rights the majority of people think of as possession. The deed to your house should reflect the nature of your title (ownership rights) such as, fee simple, a duration of years, a life estate, a leasehold, etc. Fee simple means whole ownership or about outright. The deed may also represent co- possession as well as the particular form of co-ownership, like a co-tenancy, tenancy by the entirety (in some states), or joint tenancy with right of survivorship. Hope it will help.

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

In October of 2012, a brand new tenant moved to the home and that I put the house under contract. I shut on the home on November 1, 2012. The tenant moved out in November of 2014. Now the tenant is trying to get me to refund the Deposit (plus another $1,800). I do possess accurate documentation of receiving the down payment along with a down payment transfer wasn't recorded on the statement that is closure. At what point am I responsible for the lease? Best wishes, Dennis
Attorney Solution Robert Jason De Groot

A: Usually, at closure is when the newest owner would take over.

Q: I am my mother's poa. She owns two houses that I think I need to transfer the title to my name and has dementia. how?

She's a will that leaves everything to me but do I should transfer the deeds to me before she expires?
Lawyer Answer Michael David Birchmore

A: Tend not to work with a quitclaim deed to achieve this. Take a lawyer the current deed and ask them to draw up a warranty dee with rights of survivorship. Do not fool around with this. It can cost you much money to get it straightened out, in case you botch it by doing it yourself. You're able to typically get a title done for between $75 and $150.

Q: can I sue my neighbor for throwing junk in my garbage can multiple times and also for lying down in center of street?

Attorney Response Adam Studnicki


A: Throwing junk in your garbage can might be a crime and there may be civil remedies at the same time. I do not practice in Georgia, so please check with a local lawyer. Please Take Notice: I'm not your attorney unless we enter into an engagement agreement in writing. That is general information which is given for legal education just. It's not legal counsel, also it might not work for the unique situation. It is impossible to assess an issue that is legal without a comprehensive consultation and review of all of the important facts and records. I strongly encourage one to talk to an area lawyer to get legal counsel and help along with your specific situation at your first convenience. I am licensed to practice law in Arizona.

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Q: Hello, I hope you are well. How can a buyer get out of a contract that is signed? Diligence and Home inspection.

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

A: People think that whatever question they might ask is a fundamental legal question, when, as here, they have not provided a copy of the contract, or enough facts to get a meaningful answer, and they frequently ask the questions that are erroneous. Get an attorney immediately.

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

The Tenant had believed she turned it on, had fixed her malfunctioning washing machine and left for a number of hours. The machine flooded the finished basement area, including 3 rooms, carpeting, padding, floorboards etc....water extraction, carpet pad replacing, floorboard removal, dryout and replacing was needed. Tenant maintains she is not liable for the repair bill. I consider that she's responsible since this was her washing machine, not provided by the owner. Please advise who's correct. The lease states renter responsible for damages beyond ordinary wear and tear of a home. This really is in Atlanta, GA. Thank you
Lawyer Answer Paula J. Mcgill

A: In case you are the landlord and it was her washing machine, you might have effective case to sue her for damages as a consequence of her malfunctioning equipment. She should have renter's insurance. This is why many leases require tenants to have insurance for issues like this.

Q: How can I get my business (S Corp) to purchase my residence, in Macon, GA, or is a simple transfer potential?

Lawyer Response Robert Jason De Groot

A: It is my opinion which you require a lawyer for every real estate transaction.

Q: Without running water, is it possible to reside in a rental property in the state of Georgia?

Attorney Answer Brian Lehman

A: If the property is uninhabitable the owner is not allowed to lease it. Deficiency of running water makes it uninhabitable. Here is the Georgia Landlord-Tenant handbook: http://www.dca.ga.gov/housing/housingdevelopment/programs/downloads/Georgia_Landlord_Tenant_Handbook.pdf

Q: Is a purchaser arrangement automatic extended seven days after the expiration date of closure?

Attorney Answer Michael David Birchmore

A: You would need to look to the terms of the contract to ascertain. If the contract is a typical "GAR" form (GA Association of Realtors), the final time that I appeared the contract could mechanically extend upon the request of either party. Days would require the agreement of all parties to expand.

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