Questions and Answers on Real Estate and Real Property

We are going to re-post questions and answers by our firm here on our blog, please feel free to submit your questions on this blog too. Below are recent questions asked of Mark Russakow Esq. on Real Estate and Real Property.

Question:
The home we purchased in CA apparently has no drainage in the backyard. With heavy rain the entire back patio floods several inches each time over a 20' x 15' area against the house. The seller of the property was also the listing agent, so not only did she fail to disclose as the seller, she also failed to disclose as the broker/agent.

The sellers lived here for several years and they had to of known... what kind of recourse do I have... I purchased the house in May 2008.

Answer:
You may be able to recover against the seller and agent for failure to disclose known defect. As an agent, the seller has a much higher duty to advise of any defects. You need to take action before the time limit on the case runs out. Good luck.

Question:
Hi. We submitted an offer on a townhome which included a pre-approval letter from our lender. The seller's realtor phoned our lender and asked personal questions including ''what is the full amount [the buyer] could be qualified for'' and ''will you (the lender) provide a loan with 10% down terms to these people?''

We gave no authorization for this realtor to contact our lender. Speaking emotionally, we feel this is a tremendous invasion of privacy; speaking factually, we wonder: is the behavior potentially a breach of any civil statue?

Many thanks in advance for your thoughts.

Answer:
You can complain to the department of real estate, but I do not believe you have a civil action.

Question:
My Mother is living in the State of California, What else do i need to simplify the process in the event of her death beside ''Living Trust''...I am speaking about probate,Where i can have legal means to obtain ownership?

Answer: A trust is the best way.

Question:
My friend wants to buy a house in Vegas but he is an illegal immigrant. What could be the consequences of my husband and I lending ourselves to be legal owners of this house (costs $60,000.00). Would it affect our eligibility to buy our own home in the future?

Answer:
DO NOT DO IT!!!! LET ME REPEAT, DO NOT DO IT!!!!!! I have seen this exact situation about 20 times in the last year. Bad idea. 1. If they default on the loan, it is your credit that goes in the toilet. 2. Unpaid property taxes are your problem. 3. It will show up in your credit report and count as an obligation against you if you are trying to get a loan. 4. If they do not pay rent or you have a financial issue with the people living in "your house" you would have to evict them which will than cause them to sue you for unjust enrichment. I hate to be cynical, but in this case no good deed will go unpunished. I also think having people that can be deported as paying for a loan you are responsible for paying is also a bad idea. Good luck, and again do not do it. I do not know how to be more clear. Mark.

Question:
A person has an easement by prescription over my property to allow access to his property. I'm learning he is conducting large scale criminal activity (gigantic pot growing enterprise, 1 of largest in area)on his place. If I know this, do I become liable party to his activity? do I have legal obligation to report this to law enforcement? Do I have a responsibility or option to revoke his easement

Answer:
You have not duty to report the activity, but if you do will solve your easement issue. If they are in jail, no chance of keeping the easement. Also, you cannot revoke a prescriptive easement as it is granted by use not my agreement.

Please contact Mark at mrussakow@rrjlaw.com or 626.683.8869