All Forum Posts by: Jacob Rhein

Classic Walmart service. Happens to me and my wife all the time.

I'm not sure about the law in New Jersey. If there is reasonable heat most of the time, I think you can use space heaters when needed. You could of course also offer to supplement the cost of utilities. But frankly I've been using a space heater in Atlanta because homes in the SE aren't built to handle sub-freezing temperatures. It doesn't seem unreasonable to require a tenant to do the same. If the heating unit is substandard for your area, though, you may have to upgrade.

This isn't legal advice.

I think you're going to be okay. If she doesn't want out of the lease, tell her sorry but you won't change the heating system and that she has to swap the BR and LR. Buy her a safe electric space heater to keep in the apartment. The Amazon Basics heater costs about $30, works great in a small unit, and has a safety kill switch on the bottom in case it falls over. Tell her it is commercially unreasonable to withhold rent when using a space heater is an option.

BTW, I have a brother who lives in S. Orange in a similar unit. I visited him over the holidays, stayed in his living room, and kept warm using a space heater to supplement the heating system. I was quite comfortable. 

Not sure I fully understand the situation, but you might want to talk to an RE lawyer in your area about an action to "partition" a property owned as tenants in common, or to "quiet title" if you feel you own the property outright. 

A couple suggestions if you really want this property:

(1) Mail a letter to the seller at all known addresses (a) stating that you are ready, willing, and able to close, and (b) asking where the closing will take place. Include a copy of a clear to close from your lender or other proof of funds. Get a tracking number or postage certification for the letter and save a copy for your records.

(2) Notify the dual agent in writing that you intend to close. Save a copy for your records. 

(3) If there is a title company or attorney selected for the closing, contact them and try to schedule a closing for the 16th as the buyer (I have scheduled closings as a buyer before). Then send them a letter in writing confirming your closing date and/or attempt to schedule a closing.

(4) If the seller does not appear at the closing, don't stop working on your financing. You'll want financing ready in case you sue and end up getting a settlement that includes performance.

(5) If you end up needing to sue, your attorney should probably bring claims for specific performance AND breach of contract. Specific performance is an equitable remedy requiring the seller to give you the house, and requiring you to give the seller the agreed price. Breach of contract, on the other hand, is a legal remedy that results in a money judgement against the seller. The usual measure of damages is the difference between the purchase price and the fair market value. Let's say that you have a deal for $250k and the property will appraise at $310k. In that scenario, you could get a judgement for $60k. The threat of money damages is often way scarier to a seller than specific performance, and it can be used as leverage even if you what you really want is the property. As the plaintiff, you have the choice of which remedy you want.

Disclaimer: This post is for informational purposes only and is not intended as legal advice. I am not your lawyer. You should talk to a lawyer licensed in your jurisdiction for specific help with your situation. 

I was using "fraud" as a general expression of dishonest conduct. But I think running a phone scam is generally a bad idea even if the "damages" are nominal. My point is that if you make false statements, especially a promise of money, to induce someone to provide information over the phone, you would potentially be exposing yourself to criminal and civil process (if not liability). There are better ways to get this information. 

 YIKES! . . . Don't commit fraud. 

Be careful with informal joint venture and partnership structures. Unless you incorporate, you could become jointly and severally liable for the contractor's actions (e.g., an injury to a construction worker). Consider either incorporating or keeping the contractor at arm's length in all your transactions. 

This is not legal advice. Talk to a lawyer licensed in your jurisdiction about your unique situation. 

A few things come to mind:

• Don't rely on one lawyer for the whole group. Consult with a lawyer who exclusively represents your interests before approving the final documents. 
• Decide on written procedures for resolving disputes (e.g., arbitration/mediation, who will pay costs, what accountant to use, etc.)
• Since members have different roles, think about how to measure and reward the contributions of each member. 

This is not legal advice. You should talk to a lawyer licensed in your jurisdiction about your unique situation.

Try whitepages.com or a similar website. 

Also, most jurisdictions allow "service by publication" if the defendant cannot be found or evades personal service. Typically, you do your due diligence, file a petition with the court, and then put a notice in the newspaper stating that the person is being sued. Obviously, though, you will ultimately need to locate some assets/income to collect on any judgment. 

This post is not legal advice and does not create an attorney client relationship. Talk to a lawyer licensed in your jurisdiction.

You should act quickly if 2 years have passed. You don't want to wait on a hoped-for settlement only to find out that you are blocked by a statute of limitations when you finally decide to bring a lawsuit. You also don't want to miss the chance to include parties you might not have thought of, such as any lawyers involved in the original transaction who failed to advise you properly or let you rely on bad information. 

Ask your new lawyer to help you make a list identifying:

• All potentially adverse parties, including former lawyers, brokers, lenders and title professionals from the original transaction, regardless of which side they represented
• All potential claims against each of them (e.g., fraud, misrepresentation, malpractice, breach of contract, breach of trust, rescission, quiet title, etc.)
• The relevant statute of limitations for each claim (e.g., I'm pretty sure the legal malpractice period is 2 years in Texas)

I'm not your lawyer and this is not legal advice. Talk to a lawyer licensed in your jurisdiction soon.