Recent Answers to Real Estate Law Questions

Matthew K.

Answered Mar 3, 2026

After the sale, did you continue living there and paying the lease amount? It's difficult to expand on my answer without reading the agreement (it cannot be oral). Assuming the agreement is what you say, you might consider recording a Lis Pendens on the property. That will get everyone's attention, I can assure you. Probably also consider a quiet title action. None of that advice is necessarily relevant; it depends on what the agreement says.

Jerome L.

Answered Nov 4, 2025

If your Texas home sold for more than what you owed, you may be entitled to what is called surplus or excess funds. These funds are held by the county or trustee after foreclosure. To claim them, you must file a petition for release of surplus funds with proof of ownership and sale details. An attorney can help confirm eligibility and make sure you recover the full amount before others claim it.

Jorge G.

Answered Sep 19, 2025

That depends on your municipality. However, most—if not all—require a permit to ensure compliance with local code requirements for a fence. I recommend contacting your county or city building department to confirm the specific requirements before starting your project.

Jorge G.

Answered Sep 19, 2025

The standard practice is that any lien against the property should be paid off at or before closing. You should also have obtained title insurance, which generally covers liens that were not satisfied. You should have received a copy of your title insurance policy sometime after closing, and the lien coverage (or any exception) should appear on the policy. At this point, you should contact an attorney to review all of your closing documents and advise you on the best course of action.

Merry K.

Answered Sep 2, 2025

Based on what you’ve described, once the option period has expired without the buyer exercising their right to purchase, the option agreement is generally no longer enforceable and you are free to market the property to other buyers. To protect yourself, review the exact language of the option agreement to confirm whether it provides for automatic termination upon expiration, and consider sending the buyer a written notice—ideally by both regular and certified mail—confirming that the option has lapsed and that you are releasing the property for sale to others. Please be advised that I provided this information for educational purposes, and no attorney client relationship has been formed.

Gary S.

Answered Aug 1, 2025

Hello and thank you for the opportunity to respond to this very important question. First, an "as is" clause in a Property Sale Agreement shifts the risk to the buyer. The burden of due diligence is shifted to the buyer and the property is being sold in its current condition, with no warranties or representations about the property's condition. In this way, the seller's liability is limited, as the seller is generally not liable for defects, even hidden ones, that the buyer could have discovered through a reasonable inspection. However, the seller's limited liability does not apply if the seller actively conceals a defect. Also, in Ohio, when selling "as is", the seller still has a duty to disclose, and not fraudulently misrepresent, known material defects. Failing to do so can lead to breach of contract, fraud claims, rescission of sale, and potential damages. Ultimately, when property is sold "as is", the buyer is expected to conduct inspections and investigations and negotiate repair terms or price reductions. Further, selling "as is" may affect the ability to finance the sale and/or insure the property, depending on the condition of the property. It is also important to note that courts tend to scrutinize the exact wording of the "as is" clause, and a broad, well-drafted clause will offer stronger protection to the seller. Disclaimer: This response is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. You should consult a qualified attorney licensed in your jurisdiction for advice specific to your situation.