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FAQ

My friend was forced out of a house they trespassed in, at gunpoint by the owner. Was it legal for the owner to do this?
Not to disagree with nearly everyone who has already responded to this, but I disagree with nearly everyone who has already responded to this.But part of the problem is that we don't actually have enough info.Most everywhere in the U.S., when you are not in your house, you have a "duty to flee" unless you cannot reasonably do so.  This means that if you can run away that is what you should do.  If you can't run away, then you may respond to your aggressor with equal force.Generally speaking that means if your attacker is unarmed, you can fight back unarmed.  If your attacker has a non-deadly weapon, then you can use a non-deadly weapon.  If your attacker is using lethal force, then you can respond with lethal force.I say nearly everywhere because there are exceptions, like Florida and their "stand your ground" law that changes that.  But those are the exceptions to the rule.Of course some of this changes once you are home.  In your own home you no longer have a 'duty to flee' and you can defend your home.  However the 'respond with equal force' portion does not go away.So, your friends are trespassing.  The homeowner shows up and tells them to leave.  They refuse and possibly threaten him and he threatens to shoot them.  Before anyone can say for sure if the homeowner was justified, we need more info.  Such as:- What was the threat?- Was it a realistic threat or just nonsense?- Were the trespassers armed in any way?- Did the threat include whatever it was they were possibly armed with?- Was the homeowner's gun loaded? - Are there drugs present?- Are the trespassers visibly high on drugs? - What were the age, sex and size of the trespassers?- What was the age, sex and size of the homeowner?The last two are not really part of any law, but they will play a part in any jury's deliberation.So here are two scenarios.  [Note I've changed the ending in the scenarios from what actually happened]:Scenario 1: The homeowner, a 35 year old male, professional weight lifter and black belt in three types of martial arts, comes home to find four girls all around the age of seventeen in his house.  The homeowner recognizes them as local girls from the neighborhood.  The girls are all dancing and are all wearing short shorts, tight t-shirts and flip flops.  The homeowner tells them to leave and they refuse.  One of the girls says, "Chill out.  We're just dancing."  Another girl says, "If you don't leave us alone I'm gonna call the president and have him drop a nuclear bomb on your house."  The home owners goes and gets a gun and threaten the girls.  The girls start screaming.  Somehow in the confusion the gun goes off and one of the girls gets shot, but fortunately nobody dies.Scenario 2: The homeowner, a 72 year old, retired female librarian who walks with a cane, comes home to find four large men partying in her living room.  She does not recognize any of them.  The screen of her television set is smashed in and the living room is a complete mess.  There are a variety of drug paraphernalia scattered across the coffee table and some of the trespassers are acting strange, erratic and aggressive.  The trespassers are all wearing baggy pants, and jackets or hoodies.  One of them has a gun visibly tucked into the back of his pants and there is a second gun on the coffee table with the drugs.  The homeowner tells them all to leave.  One of the trespassers says, "Grandma, get out of here now before we decide to add you to this party."  Another one pulls the gun from his pants and says, "If you don't leave I'm going to shoot you in the face with this gun. The homeowner retreats to the hall closet and gets her shotgun.  She returns and tells the four to get out of her house now.  One of the trespassers says, "@?#$* I'm going to kill you?" and reaches for the gun on the table.  The trespasser with the gun in his hand points it at the homeowner.  She fires repeatedly and kills all four of them.In one of these scenarios the homeowner will be treated like a hero.  In the other one, the homeowner will be going to jail.  I will assume that you can figure out which is which.Of course in the real scenario, nobody was hurt or shot, which definitely changes things and makes it all a bit grayer.The question then is, if we make a spectrum with scenario 1 on one side and scenario 2 on the other side, where does your friend's situation fall?The point is that without ALL of the info, we just cannot say.(And that is all of the ACTUAL information and not just what your friend told you when he was trying to impress you with his tale.)
When might it be a good idea to sell your house "by owner", and (how) does the process work?
The process of selling real property can vary widely in all 50 states. That is one reason it is usually best to use a local, state-licensed professional. Since you are asking how the process works, that suggests an insufficient knowledge base to attempt it on your own. Even if you hire an attorney to do the paperwork, you won’t have the marketing and sales expertise of a Realtor and that could cost you thousands of dollars in lost equity, expensive repairs, and more. Everyone seems to focus on the fees Realtors charge, but the truth is, a good Realtor will earn his/her fee by getting you more money for your home, selling it faster thus reducing your carrying costs, negotiating any repairs, and making sure the sale is handled according to state and federal laws so you don’t end up getting sued after the fact. All of that is worth paying for. Real estate is a high stakes game. You might fight a traffic ticket in court on your own (low stakes means you can afford to lose), but if you had a serious legal matter, you’d hire a lawyer. Don’t treat the sale of real property like a traffic ticket. It’s a serious legal and financial matter that requires a depth of specialized knowledge and skills to achieve correctly: legal, financial, marketing, sales, and more. Hire an expert.
Is it possible to get rid of a debt connected to a house by the previous owner? We found out about a $60,000.00+ debt after a quick deed transfer, and now we can't sell it.
When someone sells or gives you a house they can only give you as good a title as they have. For example if someone had a lease on the property you would have had to honor the terms of that lease for the balance of the time remaining.If there is any sort of lien, mortgage, or other encumbrance that stays with the real estate.Depending on what the 60K debt is for you may be able to negotiate a partial payment of some of it wit the lien holder. Otherwise you now own a house with a $60,000 mortgage.That is one of the important reasons it’s a good practice to do some due diligence before acquiring any real estate including a title search that likely would have revealed your new, 60K debt.
My house owner denied to share PAN card details, then how can I fill HRA claim in IT return?
Hey there,This a common problem faced by most salaried taxpayers while taking tax benefit against HRA component in their salaries.I often suggest people to get their ‘Rent Agreements‡ registered. It carries more legal substance than simple leave and license agreement. At the time of registration, owner (landlord), tenant and witnesses need to give their identification documents which mostly include PAN. So, there you can have your problem solved. (Also note that registration of a rent agreement involves costs such government fees and advocate fees, if you appoint any. Such cost is generally shared among landlord and tenant as decided.)Secondly, you can look for PAN on Income Tax’s website. You need a few details of your owner like DOB as provided to Income Tax, full name etc. You can ask for OTP on your mobile numbers also)Note that, mentioning owner’s PAN card in your IT return (which is optional at present) may require him/her to include this rental income in his/her taxable income. So better have a word and get the PAN with his/her approval only.Reply if you need further information on this. Hope this helps?-Piyush
How a Non-US residence company owner (has EIN) should fill the W-7 ITIN form out? Which option is needed to be chosen in the first part?
Depends on the nature of your business and how it is structured.If you own an LLC taxed as a passthrough entity, then you probably will check option b and submit the W7 along with your US non-resident tax return. If your LLC’s income is not subject to US tax, then you will check option a.If the business is a C Corp, then you probably don’t need an ITIN, unless you are receiving taxable compensation from the corporation and then we are back to option b.
What if the co-owner of a house moved out and you want to sell the house but don't have contact with the other owner?
Consult a lawyer. Assuming the person is not actively trying to hide, a court is going to require him to sign documents authorizing the sale of the house. A lawyer will also likely have ways to locate the other owner, although it may take a couple of weeks. The fact that you no longer have a persons current phone number or address, does not mean that you can sell the house without their knowledge or take their share of the house. If for someone reason, the person is truly off the grid, your attorney will likely be able to push a sale through, although you would likely have to hold the money for the other owner at least for a certain period of time, but you will definitely have to show you made an effort to locate the other person, but they still couldn't be found.If you don't feel like hiring a lawyer, I bet if you do a little bit of digging, you could find this person. If you bought a house with them you have to have enough personal info that you ought to be able to at least come up with a current address, even if you have to use one of those sites that you have to pay to run the report. Also, could you possibly have any common connections left with this person, who could possibly direct you on where to find them. I would find it hard to believe you bought a house with someone who was such a stranger that you couldn't locate them with a couple of phone calls, or perhaps a Facebook message or two. And if you have already attempted these methods, then you definitely need to speak with an attorney immediately. Whatever the final outcome is of either finding the other owner, or the courts approving the sale of the house without their authorization, it will likely take a fair amount of time to come to resolution.
How hard is it to do the "for sale by owner" thing when you're selling your house and have no experience with doing something like that before?
Without MLS listing you are going to have a rough time selling very well, so at a minimum you need to pay for a MLS listing. You can have this done for just a few hundred dollars. Then the work is up to you. Just because you are in the MLS, it doesn’t mean that your house will sell. You will encounter prejudice from some real estate agents and they won’t show clients your house because you aren’t paying your dues to a listing agent.There is middle ground available to you. The services that a real estate agent offers are real and valuable, but the feel that you pay can be controlled by you. Companies like Trelora (Commission Free Real Estate Denver), HelpUSell (HELP-U-SELL REAL ESTATE) pryou all of these services for a flat rate. Here’s an example of a home we sold.Price: $600,000Traditional Real Estate Listing Commission: $18,000Traditional Real Estate Seller Agent Commission: $18,000Total out of pocket: $36,000HelpUSell Flat-Rate Listing: $2000Traditional Real Estate Seller Agent Commission: $18,000Total out of pocket: $20,000We saved $16,000I know, I know…the real estate agents will now come out of the woodwork to tell me how they would have priced me better and made up the difference. And in 2 different transactions I’ll call bullsh?t. We worked with 2 separate full-service agents on the $600k sale. Slick-sheet presentation, market analysis, 20 page booklet and all. 1st one tried to get us to list at $550k we told him we thought it was closer to $600k due to recent sales in the area and a number of upgrades in our house. He refused to list at $600k so we told him we wouldn’t sign. The 2nd one refused to go beyond $575k. HelpUSell said list it at whatever you want. We listed at $609 and we got a $590k offer in 4 days. We countered at $600k and they took it. If we had gone with agent #1 we would have lost out on $66k.The 2nd transaction was on a $120k condo that again the agent was valuing too low compared to a dozen or so recent sales in the complex. HelpUSell again for a $1100 flat fee. 1st full-price offer was received in a week. The seller couldn’t get financing so we went back on the market again up $2k and had another offer in a week again that did go through. Again we saved thousands.Here is what I’ll say about these sales. They were in hot markets with peaking real estate prices and low inventory. I’m an investor, so I buy when the market is slow and the inventory is high and sell in the best conditions. If you are trying to sell in a poor market a real estate agent can make the difference and get you a price that will cover their commission. Of course, you mileage may vary.Ok, let the real estate agents bring on the hate in the comments?
I want to sell my house in the Albuquerque area without using a realtor. Is it best to use for sale by owner?
You can but selling a home yourself can be a lot trickier, so, prepare to do a lot of legwork with selling, negotiations. Whatever you owe the bank has to come out of the cost.You need to know the true appraised value of the property in your neighborhood is, not what the other homeowners think what the price should be. If you want you can have your house appraised. Don’t overprice your home or it’ll just sit there and not move.Check for any issues with your home and repair any cracks, take care of any leaks, etc. check to see if the house is settling (cracks in the foundation, if a two-story house you’ll have cracks in the upper part of the wall near the ceiling) get it fixed. Any problem/issues will knock down the value of the property listing.You need to keep the home clean, clutter-free and “show ready” at all times. Once the house is staged, it is easier to keep it clean. Take professional photos, have a for sale by owner sign and have pamphlets available with your name and phone for contact and as much info specs as possible. List the property on several classified advertising and real estate websites. Mostly you need to hire a real estate attorney or a buyers agent. Brush up on your local and state laws when selling.Before you accept a sale, you need to get a mortgage pre-approval letter from a reputable lender (your bank)My sister used to be a real estate agent for Century 21.Hope this helps. Good luck