what kind of lawyer do you need if your property is sold illegally

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Do I need a real estate attorney to sell my property?

By Ciaran John From a legal perspective, you do not need to hire a real estate attorney when you purchase or sell land or property. In fact, you do not even have to involve a real estate agent as you can draw up a legal agreement directly with the other party involved in the transaction.

Do I need a lawyer for property disputes?

Property disputes may involve some very specific legal issues and matters, and real property laws vary from state to state. You may wish to hire a lawyer if you need help resolving any property dispute.

What can a lawyer do about a fraudulent real estate sale?

Cooperation with local real estate authorities may provide additional information and a path forward. The lawyer may also need to hire an expert witness or private detective to track down and find the culprit of the fraudulent sale.

What should your realtor do to help you avoid illegal practices?

These laws prevent discrimination, protect you from fraud, and ensure fairness. Here are four illegal practices your realtor should help you avoid. When you're buying or selling a house, you're probably not thinking about the laws that govern the housing market. It's your realtor's job to know them and to make sure everything is above board.

What happens if someone sells something that isn't theirs?

Anyone who sells someone else's property without the owner's consent and without legal authority can be charged with theft, depending on how they acquired the property. If someone takes the property of another and destroys it, the person could be charged with vandalism.

What happens if you buy a house and something is wrong?

If the buyer discovers the defect after closing, the buyer can file a lawsuit. Purchase agreements typically have a clause that provides for the resolution of contract via mediation or arbitration. To be successful, however, the defect discovered by the buyer must be a “material” defect.

Can someone buy your house without you knowing?

If they target an empty home – like unoccupied vacation homes or rental properties – they can use forged deed to sell the home and profit without you knowing.

What is it called when someone takes your property without your permission?

Larceny Definition: Elements of the Crime The unlawful taking and carrying away; Of someone else's property; Without the consent of the owner; and. With the intent to permanently deprive the owner of the property.

How long are you liable after selling a house?

Normally a buyer would have six years in which to bring a claim against you, although in certain situations it could be three years from when the buyer becomes aware of a problem.

Can a property sale be reversed?

An agreement can be cancelled under the following circumstances: The agreement of sale can be cancelled based on a clause contained in the agreement. The said clauses can stipulate under which circumstances either party is allowed to cancel the contract.

Can someone sell my house without permission?

It is possible for a house owned by one person to sell without his or her permission by another that does not own the property with any legal claim, and this is often considered a crime.

How do I stop someone from selling my property?

Answers (2) You can stop the sale of the share of your property by filing a suit for partition and injunction. It would be considered as ancestral property for the purpose of succession and partition. You should file a suit for partition and injunction to get your share.

Can you sell a property without the deeds?

In short, yes you can sell your house without the deeds, however you must be able to prove through other means that you are the owner of the property. As the deeds are the assortment of documents which usually prove ownership, proving it without them can be a more protracted process, but it is by no means impossible.

What are the 5 requirements for adverse possession?

Under Nigerian land law, the person claiming ownership through adverse possession must show that his possession is continuous, hostile, open, actual, exclusive and uninterrupted for the statutory period.

How do you prove possession of land?

In order to establish possession a Claimant shall prove acts which may include cultivation of the piece of land, erection of a building or a fence and demarcation of the land with pegs at its corners.

How long do you have to use land before it becomes yours?

Our adverse possession checklist provides some practical points to consider. Minimum time requirements – Before any adverse possession application can be considered you must have been using (or in possession of the land) for at least ten years.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

What happens if a neighbor cuts down a tree?

Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

What is the purpose of monetary damages in a partition?

Monetary damages are intended to cover any losses you may incur as part of the property dispute.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

How long does it take to close a real estate transaction?

Closing. After you sign a contract in which you agree to a real estate transaction, you normally have to wait a few weeks for the lender to appraise the property and complete the loan underwriting process. On the day of the loan closing, you sign the actual sale documents.

Do you sign the deed at closing?

On the day of the loan closing, you sign the actual sale documents. Problems sometimes arise with regard to titling or the condition of the property between the contract date and the closing date. In some instances, unwitting buyers receive a quit claim deed at closing rather than a warranty deed.

Can you sue a real estate agent?

Legal issues can arise after you complete a real estate transaction and, in some states, you have the right to sue your real estate agent, the seller or even the home inspector if problems emerge with the home after the completion of the sale. If the real estate attorney facilitated the sale, then the attorney already has prior knowledge of the sale, which makes any litigation much easier to complete. While many real estate transactions move smoothly without the involvement of an attorney, people involved in sales that go awry often end up wishing that they hired an attorney.

Do real estate agents have lawyers?

However, real estate laws vary from state to state and most real estate agents are not practicing lawyers. While real estate agents have a broad knowledge of real estate transactions, an opinion based on prior real estate experience and state law are two entirely different things.

What is the lawyer's assistance with fraud?

The Lawyer’s Assistance with the Fraudulent Sale. It is often necessary to seek monetary damages even if the perpetrator behind the fraudulent sale suffers criminal justice. The investigation and reversal of any negative action generally cost the owner and family.

What do you need to hire to investigate a fraudulent sale?

The lawyer may also need to hire an expert witness or private detective to track down and find the culprit of the fraudulent sale. If necessary, these processes will ensure that he or she arrives in the courtroom if the family seek compensation for the crime.

What happens when a property is sold online?

When a property sells through an online purchase with a deed that either does not exist or is no legal, it may take time to unravel the matter to discover the culprit and reverse the damage. The new buyer may receive the title, but when sold by someone that has no actual interest in the property, ...

Why is my house no longer in possession?

There are times when a person will discover that his or her house is no longer in possession due to instances of fraud. Another person, couple or family may attempt to move in when the current occupant still lives at the property. In certain incidents where fraud happens, the perpetrator may steal personal information either through online access ...

What to do after hiring a lawyer?

After hiring a lawyer, the owner or family that is assisting may need to wait until the lawyer is able to work out what to do once the investigation is still proceeding. Cooperation with local real estate authorities may provide additional information and a path forward.

Is a sale where interest does not exist valid?

However, this would not provide the individual with a full interest, and any sale where interest does not exist is not valid. Additionally, the perpetrator of real estate fraud is liable in both criminal and civil cases. This seller has no right to ownership in the property, and the buyer would have no legal interest in the house either.

Can a person steal personal information?

In certain incidents where fraud happens, the perpetrator may steal personal information either through online access or in person with other scams. These issues may cause the owner to lose access to the property until he or she may resolve the matter. The sold house then is in possession of another until reacquiring it legally.

What damages can be recovered in a wrongful foreclosure case?

For example, California has held that a plaintiff can recover tort damages in a wrongful foreclosure case, including moving expenses, lost rental income, emotional distress, damage to credit and punitive damages.

What is a notice of reclaim?

The notice may need to state how the property owner can reclaim his or her personal property and how the property is going to be sold, including the manner of sale, date and time. Notice may also be required to indicate the conditions upon which the property owner can reclaim the property that was seized. If the repossessor fails to comply ...

How long does a repossession notice have to be given?

For example, they may state that the agent responsible for repossession must provide notice to the property owner within 48 hours of the time of repossession. This notice may have to contain specific information, such as the reason for seizure and a list of personal items in the vehicle.

What happens if a repossession fails?

If the repossessor fails to comply with the repossession laws, the legal effect is usually that it is not entitled to a deficiency judgment. In some states, the property owner may be entitled to a return of the taken property.

What to do if the government seized your property?

Seizures from the Government. If the government has wrongfully seized property, the process to reclaim it is often long and expensive. Through an attorney, you may need to file a motion to set aside a civil forfeiture or to release the forfeiture.

What happens if a party wrongfully seizes property and sells it at auction?

If a party wrongfully seizes property and sells it at auction, there may be a number of civil remedies available to the property owner.

What happens if a vehicle is seized?

Sometimes a vehicle or other item that a consumer is making payments on is seized by the company if the property owner misses payments or otherwise breaches the agreement. In cases of repossession, the lender often is not required to provide advance notice of its intent to repossess. However, there are usually specific rules that it must follow after repossession.

What is a purchase agreement?

The purchase agreement is the single most important document in the transaction. Although standard printed forms are useful, a lawyer is helpful in explaining the forms and making changes and additions to reflect the home buyer's and the seller's desires. There are many issues that may need to be addressed in the purchase agreement, such as: 1 If the property has changed or if there has been an addition to the property, was it done lawfully? 2 If the buyer has plans to change the property, can that be done lawfully? 3 What happens if a buyer has a home inspector inspect the property and termites, asbestos, radon, or lead-based paint is found? 4 What if the property is found to contain hazardous waste? 5 What are the legal outcomes if the closing does not take place, and what happens to the down payment? 6 Will the down payment be held in escrow by a lawyer according to the escrow instructions? How is the payment to be made? Is the closing conditioned upon the buyer obtaining financing?

What is a title search?

Title Search. After the purchase agreement is signed, it is necessary to establish the state of the seller's title to the property to satisfy the buyer and the financial institution. Generally, a title search is ordered from an abstract or title insurance company. In some states, title insurance is not typical.

How to avoid problems with a home purchase?

Avoid Vague or Unclear Terms. A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations.

What to do if a lawyer is not needed during the negotiation process?

Even if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction. The tax consequences may be of critical importance to a home seller.

What is the purpose of an attorney when signing a deed?

Once the deed and other closing documents are signed, an attorney can make sure that these documents are appropriately executed and explained to everyone.

What can an attorney do to help with title insurance?

Assuming you are in an area where title insurance is customary, an attorney can help review the title search and explain the title exceptions as to what is not insured. They will also determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners.

What happens if you are the only person in the US without a lawyer?

If you are the only person there without a lawyer, your rights may be at risk.

What happens when you put a lien on a property?

Once a lien is placed on a debtor's property, the creditor will get a portion of the funds if the property is sold. Liens can be placed on all kinds of property, but they are usually placed on the most valuable items a debtor owns, like their home, vehicles, boats, etc., because these types of properties will usually cover or significantly ...

What is a lien on a property?

What is a lien? If someone is unable to pay their debts, the creditor, i.e., the person the debtor needs to pay, may be able to collect funds from the debtor by claiming a share of something of value that the debtor owns. That claim on the debtor's property is known as a lien.

What happens if you don't pay taxes?

If you have not paid taxes, the government may put on lien on your property to cover those unpaid taxes. These are both examples of involuntary liens.

Can you buy a house with a lien?

It is uncommon for people to purchase property with a lien on it because property usually cannot be sold until any liens are satisfied. However, liens in the name of previous owners can sometimes go unnoticed in a deed.

What is house stealing?

There are ways of house stealing in the U.S., which may involve identity theft (someone takes on the identity of the true homeowner and goes through the acts of selling to a cohort as if the person was that true homeowner), or title alteration, where they are able to modify the recorded title in some way.

What happens if you don't pay back taxes?

(A “tax lien.”) If you don’t pay those back taxes, the city/county can sell your property to someone else. The law varies greatly. In some cases, the sale is final.

Is the deed of a house in your name?

The deed is in your name. However, I’ve heard tenants refer to the house they’re renting as “my house.”. The owner of the house has the ability (with some restrictions in some areas) to sell a house that’s currently being rented. Sometimes the owner has to give the tenants a first right of refusal.

Can you have a 60% mortgage on a house?

Yes, you can. Firstly, its important to keep in mind that homeownership is usually split between the debt portion (your mortgage), and the equity portion (the value of the house minus the outstanding debt). So if a house is worth $500K, and you have a 60% mortgage on it ($300K), your equity is worth 40% ($200K).

Can you sell half of a house if you are a co-owner?

If you and the co-owner hold the property as tenants in common, then you simply sell your half of the house. If it’s deeded as “tenants in common,” you can do that. On the other hand, if you and the other owner hold the property as joint tenants, you each own a non-divisible interest in the property.

Can you get paid back if your house goes up to 600k?

The bad news is that if that same house loses $200K in value, the bank will still expect to get paid back. Continue Reading. Yes, you can.

Can you sell a house without permission?

For instance, if more than one person owned the house, it may be possible for one of them to sell the house without the permission of the other owners. It depends on how, exactly, the ownership is structured.

What to do if realtor violates the law?

If you believe that a realtor has violated the law or the National Association of Realtor's Code of Ethics, you do have resources. You can file a complaint with the local association of NAR, or wherever the realtor holds membership. If you're a home buyer and you read a listing which contains illegal ...

How does education help in real estate?

Educating yourself about real estate law will protect you when you enter the housing market. These laws prevent discrimination, protect you from fraud, and ensure fairness. Here are four illegal practices your realtor should help you avoid. When you're buying or selling a house, you're probably not thinking about the laws ...

What is the federal fair housing act?

Discrimination that Violates the Federal Fair Housing Act. The Federal Fair Housing Act protects seven classes of people from housing discrimination. Home buyers are protected upon the basis of race, color, religion, national origin, sex, handicap, and familial status.

Can a realtor answer illegal questions?

Answering Illegal Questions. If you're buying a home, there are some questions about potential properties and neighborhoods which your realtor can't answer . Agents can't answer questions about a neighborhood's ethnic make-up, i.e., if it's a “black” neighborhood.

Does California have anti-discrimination laws?

States have also passed their own anti-discrimination laws which expand on the Federal Fair Housing Act. In California, age, gender expression and sexual orientation are also protected. Each state has its own laws, but an experienced, local realtor should know and follow them.

Can I sue a real estate agent?

If they're found to have violated any regulations, they could lose their license. It's also possible to sue a real estate agent, though you should take into account the expense before making this choice.

Who Can Be Involved in A Property Dispute?

What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

What Remedies Are Available For Property Disputes?

Do I Need An Attorney If I Have A Property Dispute?

• It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with a...

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