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Some advice to buying and selling your house
4. My recourse and options when...
4.12 I live in a state that permits real estate agents to prepare purchase contracts for their clients. Under what circumstances should I consider having an attorney eyeball the purchase transaction?
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A couple of transactions are worth seeking legal help. Let's say that you are contemplating buying a home in a planned unit development with a deep-water boat dock to house your Vanguard sailboat. You want exclusive rights to the boat dock. Chances are you will be handed a very thick stack of rather imposing looking documents to cull through and understand concerning your rights in the development and the dock. To save your eyesight, and wet-thumbing through Black's Law Dictionary, hire a real estate attorney well versed in cohousing communities to review the CC&Rs (conditions, coveneants and restrictions) on your behalf. Check to see if the important elements are compatible with your lifestyle and needs. Some associations exert more control over their lives and activities of their members than does the government.

One other area where an attorney's advice is well worth the expense has to do with title. An attorney searches the public records to to ensure that the property you are purchasing can be legally occupied and that there are no tax or other liens against the property. In some states, as for example California, some of these searches can be skipped; instead title companies issue a preliminary title report to purchasers to review prior to signing on the proverbial dotted line.

4.1 I own a home with a sibling who is living in it rent free. He/she is not interested in purchasing half of it. Hence I am not getting any value from the property. What are my options?
4.2 I purchased a new condo at the beginning of February to be closed at the beginning of May. It is now July and the condo is not completed. Interest rates rose dramatically and the cost for moving around are mounting. Do I have recourse againts the builder?
4.3 We finally found a home we could afford after months searching. Unfortunately, the home inspection revealed a number of defects that werent apparent at the time we agreed to buy the property. Although we can walk away without penalty, we prefer to work out a solution. Hence what are the options?
4.4 In the disclosure statement on a home sale, I wrote that the old roof "leaked(replaced) age 1 year old". The buyer is suing me in court for a leaking roof saying that i had misrepresented the state of the roof. Does he have a case against me?
4.5 We recently purchased a home contingent on a home inspection. It revealed structural water damage to the floor joists, basement dampness and small leaks int he roof. We want to terminate the agreement but the seller us willing to make the repairs. Furthermore, the seller never disclosed the existence of these problems. How can we break the deal?
4.6 We built a new home and closed in March of this year. How long is the builder's warranty on a home and how long is he responsible for doing repairs?
4.7 Is it a good idea to close escrow while there is a tenant in the property that is currently evicted?
4.8 I unknowingly purchased a property contaminated with hazardous waste. Now the EPA wants me to pay for the cleanup. What are my options?
4.9 How do I find about any existing hazardous materials on property I am thinking of buying?
4.10 Within a short time after buying our home, the heating system failed. It will cost a bomb to get replaced. The seller wrote "Dont Know" on the disclosure form, and the home inspector said the system was working fine. Do we have any recourse?
4.11 Our neighbour who has easement rights to his property located behind our home will be shortly selling his property. Do we have any say as to who gets easement?
4.12 I live in a state that permits real estate agents to prepare purchase contracts for their clients. Under what circumstances should I consider having an attorney eyeball the purchase transaction?
 
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