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Beware of condo board’s right to reject buyer (access required)

By Benny Kass
Published: August 23,2012

DEAR BENNY: I have some questions regarding an owner’s right to rent his condo: 1. Does the condo board have the right to change the rules regarding acceptable terms for a lease? For example, can it say the lease must be for a minimum of six months and not more than a year? 2. Other [...]


Don’t spend that escrow windfall (access required)

By Benny Kass
Published: January 17,2012

DEAR BENNY: We moved to Jacksonville, Fla., in 2010, but still own a home in Pensacola that we are renting to some friends. We got a check in the mail for an alleged overpayment from escrow. I remember telling my wife they had the home insurance wrong on the HUD-1 form, so we figured it was discovered and they reimbursed us. So we used the money to pay bills.


Be sure to get the closing date in writing (access required)

By Benny Kass
Published: January 16,2012

DEAR BENNY: We have a purchase agreement with buyers that states they will close, as a cash sale, on or before a specific date. This agreement was signed one month before that closing date.


Get rid of an uspide-down second home (access required)

By Benny Kass
Published: January 10,2012

DEAR BENNY: We live in California and own a second home within five miles of our primary residence. This second home has been used as a rental, initially to persons we were not connected with in any way. For the past 10 years, two different sets of relatives who were in need of a new start in life lived in the home.


Buyer must be persuaded to release earnest money (access required)

By Benny Kass
Published: January 6,2012

DEAR BENNY: Our buyer defaulted on his real estate contract and has decided not to buy our house. He had put up a $20,000 earnest money deposit, which we want. However, our real estate broker is refusing to release those funds. What can we do? – Dylan


Trusts can control who gets real estate after death (access required)

By Benny Kass
Published: January 3,2012

DEAR BENNY: I own two homes. In my will and my trust, I have assigned a beneficiary for each of the properties. However, I would like for the properties to cede to a nonprofit once the designated beneficiary dies, rather than the properties being successively willed to beneficiaries of their choosing. Is there any means to make this happen? – Jerry


Check the statute of limitations for lenders (access required)

By Benny Kass
Published: December 30,2011

Dear Benny: I had two properties foreclosed on this year. Although we had short-sale offers on both properties, for some reason the banks would not accept the offers. One of them was my primary residence, which had a first loan of $417,000, and a second in the amount of $180,000. The second home was an investment property, for which the first loan was $290,000 and the second loan was $60,000.


How to claim $500K tax break after spouse dies (access required)

By Benny Kass
Published: December 23,2011

DEAR BENNY: My husband died this past August. We owned and lived in our house for more than 15 years, but now I want to sell. Am I eligible for the up-to-$500,000 exclusion of any profit that I will make? – Annie