I Inherited a House. What Should I Do Next?

RE-SET YOUR PASSWORD

First Name *

Last Name *

Email *

Firm Name *

Phone *

Why do you want to enter the free trial?

Takeaways

Do not rush into selling, renting, or moving into an inherited house before confirming ownership and financial obligations.
Your main options may include moving in, selling the property, renting it, or buying out other heirs.
Inherited real estate generally receives a new tax basis tied to its value when the owner died, but the tax result depends on the property and the transaction.
Disagreements among siblings, Medicaid concerns, trusts, mortgages, and out-of-state property may require advice from an attorney or tax professional.

Inheriting a house can create both financial opportunities and difficult decisions. The property may be a valuable asset, a family home filled with memories, or an expensive responsibility that you do not want to manage.

You may be wondering whether to move in, sell the property, rent it out, or share it with other heirs. Before choosing an option, confirm who owns the property, understand the costs, and consider the legal and tax consequences.

Start With These Immediate Steps

You do not have to decide the property’s long-term future immediately. But you should take steps to protect the house and understand the situation.

Confirm Who Owns the Property

Review the will, trust, deed, probate filings, and other estate documents. The person named in a will may not automatically have complete authority to sell or transfer the house while the estate is being administered.

Ownership may also be affected by joint ownership, a transfer-on-death deed, a living trust, or state-specific probate rules. Before signing a listing agreement or transferring the property, confirm that the correct person or people have authority to act.

Protect and Maintain the House

Make sure the property is secure and continues to have appropriate insurance coverage. Depending on the circumstances, you may also need to:

maintain utilities
pay property taxes
address urgent repairs
protect the house from weather or other damage

If the property has a mortgage, home equity loan, or reverse mortgage, contact the loan servicer. Do not assume that you can simply ignore the loan or transfer it to an heir. The estate documents, loan terms, and applicable law may affect what happens next.

Gather the Financial Information

Collect documents showing:

The current mortgage balance and monthly payment
Property taxes and insurance costs
Homeowners association fees
Utility and maintenance expenses
Liens or other claims against the property
Recent appraisals or assessments
Records of major improvements
Rental income, if the property was previously rented

This information can help you compare the cost of keeping the property with the likely proceeds from selling it.

Should You Move Into the Inherited House?

Moving into the house may make sense if it is in a location you want, meets your needs, and can be maintained within your budget.

Before moving in, consider:

Whether the house needs repairs or accessibility modifications
The cost of property taxes, insurance, utilities, and maintenance
Whether there is a mortgage or other debt
Whether you can afford the house over the long term
Whether other heirs also have ownership rights
Whether moving would affect your work, health care, or family responsibilities

If you inherit the property with siblings or other people, moving in does not necessarily give you the right to make all decisions about the house. Co-owners may need to agree about repairs, expenses, use of the property, and whether anyone should pay rent.

Put agreements among co-owners in writing. A written agreement can address who may live in the home, which expenses each person will pay, how repairs will be approved, and what happens if someone later wants to sell.

Should You Sell the Inherited Property?

Selling may be the most practical option when multiple heirs want to divide the asset, the property is expensive to maintain, or no one wants to live nearby.

Before listing the house, consider:

Its current market value
Needed repairs and preparation costs
Real estate commissions and closing costs
Existing mortgages, liens, and unpaid taxes
The timing of the probate or trust administration
Whether all owners must sign the sale documents
The possible income tax consequences

A sale can provide a clean separation among heirs. However, disagreements about the listing price, repairs, timing, or distribution of proceeds can delay the process. An appraisal may help establish a fair value before one heir buys out the others or the property is listed.

Should You Rent the Inherited House?

Renting the property may create income and allow the family to keep the home as an investment. It also creates ongoing responsibilities.

Consider the cost of:

Property management
Repairs and routine maintenance
Insurance and property taxes
Vacancies and unpaid rent
Tenant screening and legal compliance
Accounting and income tax reporting
Disagreements among co-owners

If several people inherit the house, decide in advance who will manage it, how rental income will be divided, and how large expenses will be approved. A property that produces rental income can still be a poor investment if the owners cannot agree or the maintenance costs are too high.

What If You Inherited the House With Siblings?

When siblings inherit a house together, the property cannot be physically divided as easily as cash or investments. The heirs generally need to agree on one of several arrangements.

Options for Handling a House Inherited With Siblings

Option	May Work Best When	Main Issue
One heir buys out the others	One person wants to keep the home	Agreeing on a fair value and paymenet terms
Sell the property	The heirs want to separate their interests	Repairs, sale costs, timing, and division of proceeds
Rent the property	Everyone wants ongoing income	Management, expenses, vacancies, and future disagreements
Mediate the dispute	The heirs disagree but want to avoid court	Everyone must participate in good faith

If the heirs cannot reach an agreement, a court proceeding may be available in some states to resolve co-ownership disputes. The rules and procedures vary, so consult an attorney in the state where the property is located before taking legal action.

What Are the Tax Consequences?

The tax consequences depend on a variety of factors, including:

the property’s value
how it is used
when it is sold
the applicable state law

For federal income tax purposes, the basis of inherited property is generally its fair market value on the date the owner died. If you sell the property for more than your adjusted basis, you may have a taxable gain. If you sell it for less, you may have a loss, although the tax treatment can depend on how the property was used.

The Internal Revenue Service (IRS) explains how basis applies to inherited property. The IRS also provides information for executors and administrators about selling or disposing of inherited property in Publication 559.

Keep documents showing the property’s value at the owner’s death. Also hold on to appraisal reports, improvements, selling expenses, and other costs. Ask a tax professional how to determine and document the basis before filing a return or completing a sale.

When Should You Get Legal Advice?

Consider consulting an attorney before making a major decision if:

The property is still going through probate
A trust owns the property
Multiple heirs disagree about what to do
One heir wants to live in the house
The property has a mortgage or reverse mortgage
The home is located in another state
A beneficiary receives Medicaid or other needs-based benefits
The property may be subject to estate recovery
Someone wants to give or transfer their share to another person
There are questions about undue influence, debts, or the validity of the will

An elder law or estate planning attorney can help coordinate the property decision with Medicaid planning, trusts, incapacity planning, and the rest of the estate. Learn more about using estate planning to prepare for Medicaid and the difference between elder law and estate planning.

Questions to Ask Before Deciding

Before moving in, selling, renting, or agreeing to share the property, ask:

Who legally owns the property right now?
What debts, taxes, insurance, and repairs must be paid?
What is the property worth in its current condition?
What does each heir want to happen?
Can the heirs afford to keep the property?
What will happen if one heir changes their mind later?
What are the legal and tax consequences of each option?

Answering these questions can help the family make a decision based on financial facts rather than pressure or emotion.

Make a Decision That Fits Your Circumstances

There is no single best choice for every inherited house.

Moving in may preserve a family home but create ongoing costs. Selling may provide clarity but require difficult conversations. Renting may produce income but comes with landlord responsibilities. Keeping the property with siblings may work, but only if the owners have a clear agreement.

Take time to understand the property and document its value. Communicate with the other heirs and obtain professional advice when the situation is complicated. A thoughtful decision can help protect the value of the inheritance and reduce future conflict.

Additional Reading

<h2><img alt="A small blue house in a suburban neighborhood." src="https://cdn.elderlawanswers.com/common/uploads/photos/18260-Modest%20house.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:300px" />Takeaways</h2> <ul> <li>Do not rush into selling, renting, or moving into an inherited house before confirming ownership and financial obligations.</li> <li>Your main options may include moving in, selling the property, renting it, or buying out other heirs.</li> <li>Inherited real estate generally receives a new tax basis tied to its value when the owner died, but the tax result depends on the property and the transaction.</li> <li>Disagreements among siblings, Medicaid concerns, trusts, mortgages, and out-of-state property may require advice from an attorney or tax professional.</li> </ul> Inheriting a house can create both financial opportunities and difficult decisions. The property may be a valuable asset, a family home filled with memories, or an expensive responsibility that you do not want to manage. You may be wondering whether to move in, sell the property, rent it out, or share it with other heirs. Before choosing an option, confirm who owns the property, understand the costs, and consider the legal and tax consequences. <h2 style="text-align:start">Start With These Immediate Steps</h2> You do not have to decide the property’s long-term future immediately. But you should take steps to protect the house and understand the situation. <h3 style="margin-left:0in; margin-right:0in; text-align:start">Confirm Who Owns the Property</h3> Review the will, trust, deed, probate filings, and other estate documents. The person named in a will may not automatically have complete authority to sell or transfer the house while the estate is being administered. Ownership may also be affected by joint ownership, a transfer-on-death deed, a <a href="https://www.elderlawanswers.com/understanding-revocable-trusts-17493" target="_self">living trust</a>, or state-specific probate rules. Before signing a listing agreement or transferring the property, confirm that the correct person or people have authority to act. <h3 style="margin-left:0in; margin-right:0in; text-align:start">Protect and Maintain the House</h3> Make sure the property is secure and continues to have appropriate insurance coverage. Depending on the circumstances, you may also need to: <ul> <li>maintain utilities</li> <li>pay property taxes</li> <li>address urgent repairs</li> <li>protect the house from weather or other damage</li> </ul> If the property has a mortgage, home equity loan, or reverse mortgage, contact the loan servicer. Do not assume that you can simply ignore the loan or transfer it to an heir. The estate documents, loan terms, and applicable law may affect what happens next. <h3 style="margin-left:0in; margin-right:0in; text-align:start">Gather the Financial Information</h3> Collect documents showing: <ul> <li>The current mortgage balance and monthly payment</li> <li>Property taxes and insurance costs</li> <li>Homeowners association fees</li> <li>Utility and maintenance expenses</li> <li>Liens or other claims against the property</li> <li>Recent appraisals or assessments</li> <li>Records of major improvements</li> <li>Rental income, if the property was previously rented</li> </ul> This information can help you compare the cost of keeping the property with the likely proceeds from selling it. <h2 style="margin-left:0in; margin-right:0in; text-align:start">Should You Move Into the Inherited House?</h2> Moving into the house may make sense if it is in a location you want, meets your needs, and can be maintained within your budget. Before moving in, consider: <ul> <li>Whether the house needs repairs or accessibility modifications</li> <li>The cost of property taxes, insurance, utilities, and maintenance</li> <li>Whether there is a mortgage or other debt</li> <li>Whether you can afford the house over the long term</li> <li>Whether other heirs also have ownership rights</li> <li>Whether moving would affect your work, health care, or family responsibilities</li> </ul> If you inherit the property with siblings or other people, moving in does not necessarily give you the right to make all decisions about the house. Co-owners may need to agree about repairs, expenses, use of the property, and whether anyone should pay rent. Put agreements among co-owners in writing. A written agreement can address who may live in the home, which expenses each person will pay, how repairs will be approved, and what happens if someone later wants to sell. <h2 style="margin-left:0in; margin-right:0in; text-align:start">Should You Sell the Inherited Property?</h2> Selling may be the most practical option when multiple heirs want to divide the asset, the property is expensive to maintain, or no one wants to live nearby. Before listing the house, consider: <ul> <li>Its current market value</li> <li>Needed repairs and preparation costs</li> <li>Real estate commissions and closing costs</li> <li>Existing mortgages, liens, and unpaid taxes</li> <li>The timing of the probate or trust administration</li> <li>Whether all owners must sign the sale documents</li> <li>The possible income tax consequences</li> </ul> A sale can provide a clean separation among heirs. However, disagreements about the listing price, repairs, timing, or distribution of proceeds can delay the process. An appraisal may help establish a fair value before one heir buys out the others or the property is listed. <h2 style="margin-left:0in; margin-right:0in; text-align:start">Should You Rent the Inherited House?</h2> Renting the property may create income and allow the family to keep the home as an investment. It also creates ongoing responsibilities. Consider the cost of: <ul> <li>Property management</li> <li>Repairs and routine maintenance</li> <li>Insurance and property taxes</li> <li>Vacancies and unpaid rent</li> <li>Tenant screening and legal compliance</li> <li>Accounting and income tax reporting</li> <li>Disagreements among co-owners</li> </ul> If several people inherit the house, decide in advance who will manage it, how rental income will be divided, and how large expenses will be approved. A property that produces rental income can still be a poor investment if the owners cannot agree or the maintenance costs are too high. <h2 style="margin-left:0in; margin-right:0in; text-align:start">What If You Inherited the House With Siblings?</h2> When siblings inherit a house together, the property cannot be physically divided as easily as cash or investments. The heirs generally need to agree on one of several arrangements. <table align="center" border="1" cellpadding="1" cellspacing="1" style="width:500px" summary="This table outlines four options for siblings deciding what to do with an inherited house — buyout, sale, rental, or mediation — along with when each works best and the main issue to resolve."> <h3>Options for Handling a House Inherited With Siblings</h3> <thead> <tr> <th scope="row">Option</th> <th scope="col">May Work Best When</th> <th scope="col">Main Issue</th> </tr> </thead> <tbody> <tr> <th scope="row">One heir buys out the others</th> <td>One person wants to keep the home</td> <td>Agreeing on a fair value and paymenet terms</td> </tr> <tr> <th scope="row">Sell the property</th> <td>The heirs want to separate their interests</td> <td>Repairs, sale costs, timing, and division of proceeds</td> </tr> <tr> <th scope="row">Rent the property</th> <td>Everyone wants ongoing income</td> <td>Management, expenses, vacancies, and future disagreements</td> </tr> <tr> <th scope="row">Mediate the dispute</th> <td>The heirs disagree but want to avoid court</td> <td>Everyone must participate in good faith</td> </tr> </tbody> </table> If the heirs cannot reach an agreement, a court proceeding may be available in some states to resolve co-ownership disputes. The rules and procedures vary, so consult an attorney in the state where the property is located before taking legal action. <h2 style="margin-left:0in; margin-right:0in; text-align:start">What Are the Tax Consequences?</h2> The tax consequences depend on a variety of factors, including: <ul> <li>the property’s value</li> <li>how it is used</li> <li>when it is sold</li> <li>the applicable state law</li> </ul> For federal income tax purposes, the basis of inherited property is generally its fair market value on the date the owner died. If you sell the property for more than your adjusted basis, you may have a taxable gain. If you sell it for less, you may have a loss, although the tax treatment can depend on how the property was used. The <a href="https://www.irs.gov/faqs/interest-dividends-other-types-of-income/gifts-inheritances/gifts-inheritances" target="_self">Internal Revenue Service (IRS) explains how basis applies to inherited property</a>. The IRS also provides information for executors and administrators about selling or disposing of inherited property in <a href="https://www.irs.gov/publications/p559" target="_self">Publication 559</a>. Keep documents showing the property’s value at the owner’s death. Also hold on to appraisal reports, improvements, selling expenses, and other costs. Ask a tax professional how to determine and document the basis before filing a return or completing a sale. <h2 style="margin-left:0in; margin-right:0in">When Should You Get Legal Advice?</h2> Consider consulting an attorney before making a major decision if: <ul> <li>The property is still going through probate</li> <li>A trust owns the property</li> <li>Multiple heirs disagree about what to do</li> <li>One heir wants to live in the house</li> <li>The property has a mortgage or reverse mortgage</li> <li>The home is located in another state</li> <li>A beneficiary receives Medicaid or other needs-based benefits</li> <li>The property may be subject to estate recovery</li> <li>Someone wants to give or transfer their share to another person</li> <li>There are questions about undue influence, debts, or the validity of the will</li> </ul> An elder law or estate planning attorney can help coordinate the property decision with Medicaid planning, trusts, incapacity planning, and the rest of the estate. Learn more about <a href="https://www.elderlawanswers.com/using-estate-planning-to-prepare-for-medicaid-18145" target="_self">using estate planning to prepare for Medicaid</a> and <a href="https://www.elderlawanswers.com/the-difference-between-elder-law-and-estate-planning-18599" target="_self">the difference between elder law and estate planning</a>. <h2 style="margin-left:0in; margin-right:0in; text-align:start">Questions to Ask Before Deciding</h2> Before moving in, selling, renting, or agreeing to share the property, ask: <ol> <li>Who legally owns the property right now?</li> <li>What debts, taxes, insurance, and repairs must be paid?</li> <li>What is the property worth in its current condition?</li> <li>What does each heir want to happen?</li> <li>Can the heirs afford to keep the property?</li> <li>What will happen if one heir changes their mind later?</li> <li>What are the legal and tax consequences of each option?</li> </ol> Answering these questions can help the family make a decision based on financial facts rather than pressure or emotion. <h2 style="margin-left:0in; margin-right:0in; text-align:start">Make a Decision That Fits Your Circumstances</h2> There is no single best choice for every inherited house. Moving in may preserve a family home but create ongoing costs. Selling may provide clarity but require difficult conversations. Renting may produce income but comes with landlord responsibilities. Keeping the property with siblings may work, but only if the owners have a clear agreement. Take time to understand the property and document its value. Communicate with the other heirs and obtain professional advice when the situation is complicated. A thoughtful decision can help protect the value of the inheritance and reduce future conflict. <h2 style="margin-left:0in; margin-right:0in; text-align:start">Additional Reading</h2> <ul> <li><a href="https://www.elderlawanswers.com/who-pays-capital-gains-taxes-when-there-are-multiple-heirs-18629" target="_self">Who Pays Capital Gains Taxes When There Are Multiple Heirs?</a></li> <li><a href="https://www.elderlawanswers.com/step-up-in-basis-and-why-it-matters-in-estate-planning-19384" target="_self">Step-Up in Basis and Why It Matters in Estate Planning</a></li> <li><a href="https://www.elderlawanswers.com/the-benefits-and-risks-of-diy-estate-administration-21612" target="_self">The Benefits and Risks of DIY Estate Administration</a></li> </ul>

Internet Listing Agreement

This Internet Listing Agreement (the "Agreement") is made by and between WealthCounsel, LLC, with offices located at 3 2nd Street, Ste. #501, Jersey City, New Jersey, USA, 07302, a Nevada limited liability company (the "Company") and the subscribing law firm (the "Firm"). The term "Firm" includes each individual attorney listed on the Firm's Web Page (as defined below) on the Company's Website (as defined below).

Listing

The Company agrees to insert Information (as defined below) about the Firm in the Company's Website located at http://www.elderlawanswers.com or www.specialneedsanswers.com or both (the "Website"), provided that the Company reserves the right not to list any and all Information that it deems, in its sole discretion, inappropriate, offensive or detrimental to the operation of the Company's business. Listing the Information on the Website neither includes submission of the Website or Web Page to Internet search engines nor guarantees that the Web Page will be included or ranked in a particular order in the search results of any or all Internet search engines.

"Information" in this Agreement means all information provided by or on behalf of the Firm to the Company in electronic format only.

"Web Page" in this Agreement means the Information, together with any accompanying graphic or design elements, as inserted in the Company's Website. The Company is not responsible for any errors or omissions in the Web Page. The Company is not responsible for any errors or omissions in the Template. It is the exclusive obligation of the Firm to ensure that the Web Page is free of errors and omissions.

Content License

The Company hereby grants to the Firm permission for the limited use of republishing, in print or electronic format, all articles or text ("the Content") authored by the Company specifically for the product(s) to which the Firm subscribes (for purposes of clarity, this refers to either ElderLawAnswers or Academy of Special Needs Planners), provided that (a) the Firm's subscription with the Company has not expired or been deactivated for non-payment, or breach of agreement as stated herein and (b) the Firm does not re-sell the Content or (c) use the Content for any other purpose than to promote the Firm; (d) the Firm does not use the Content to promote any ancillary business to the firm. The Company retains all copyrights and ownership of the Content entitled by law, implied or otherwise and reserves the right to terminate this Content License as stated herein, at any time.

Term

The Information will be listed for a period of one (1) year ("Term", which shall include each renewal term) beginning on the date of registration by the Firm. On each one (1) year anniversary of this date (each a "Renewal Date"), this Agreement will be automatically renewed for an additional twelve (12) months, unless either party gives thirty (30) days’ written notice to the other prior to the expiration of the then current Term stating that the notifying party wants to terminate this Agreement. Written notice may be by email to support@elderlawanswers.com.

Payment and Cancellation

The Firm agrees to give the Company permission to charge the Firm's credit card the annual subscription fee in equal installments over 12 consecutive months until the balance of the subscription fee is paid in full unless the Firm cancels subscription within 30 days of the initial date of registration by electronic or paper submission. The Firm understands that subsequent subscription renewal is automatic unless the Firm requests cancellation within the first 30 days after the renewal date (anniversary of subscription).

Representations and Warranties

The Firm represents and warrants that:

1. The Firm listed on the Web Page (a) has at least three (3) years of experience practicing elder law as a principal area of practice, or (b) can demonstrate an equivalent of experience in elder law by way of on-going education, training or other practical experience deemed acceptable to the Company;

2. The Firm is entitled to post the legal services described in the Information on the Web Page;

3. Each attorney listed on the Web Page is duly licensed and qualified to practice law in the state in which he or she is listed;

4. Each attorney listed on the Web Page is in good standing in all states in which such attorney is licensed and qualified to practice law;

5. Each attorney listed on the Web Page is covered by malpractice insurance for performing the legal services described on the Web Page under the name of such attorney, with limits of at least $100,000 per claim and $300,000 in the aggregate, issued by a nationally recognized and reputable insurance company;

6. The Information (a) does not infringe or violate the rights, including intellectual property rights and any right of privacy or publicity, of any third party, (b) is neither defamatory nor obscene, and (c) is true and correct in all respects;

7. This Agreement is a legal and valid obligation binding on the Firm and enforceable on its terms, the execution, delivery and performance of which does not conflict with any other agreement, instrument or understanding, oral or written, to which the Firm is a party or by which it is bound, nor violate any law, rule or regulation applicable to the Firm; and

8. The person executing this Agreement on behalf of the Firm is a partner or owner of the Firm, duly authorized to execute this Agreement on behalf of the Firm.

Subscribers of the Academy of Special Needs Planners (ASNP) who are not law firms further warrant:

1. That each financial planner listed on the Web Page is a qualified as a CFP, CLU, ChFC or Chartered Special Needs Consultant; and

2. That every trust administrator listed on the Web Page has been recommended by an ASNP subscriber who is not also a member of that trust administrator’s company.

Covenants

The Firm undertakes covenants and agrees to take each of the following actions, and if the Firm is not an individual, to ensure that each attorney listed on the Web Page takes such action:

1. to comply with all laws, rules and regulations applicable to it, him or her in each state and jurisdiction in which he or she is licensed and qualified to practice law;

2. to use the Website and the Web Page in compliance with U.S. law and any other applicable laws, rules and regulations;

3. not to use the Website or the Web Page for any illegal purposes;

4. not to interfere with the Website, the Company's other subscribers and their web pages on the Website, and any other services the Company may provide, directly or indirectly, to the public or its subscribers; and

5. to keep the Information current and updated on at least a monthly basis during the term of this Agreement, and to correct any errors and omissions therein within twenty-four (24) hours of becoming aware or being notified of them.

Terms and Conditions

In addition to any other rights and remedies at law or in equity, the Company reserves the right to terminate this Agreement and remove the Web Page without prior notice (a) if payment of the Listing Fee is Past Due; (b) if the Firm breaches any term or condition of this Agreement, provided, the Company shall use commercially reasonable efforts to notify the Firm of such removal and termination and in the case of a breach under clause (b), the Firm shall have fifteen (15) days from the date of such notice to cure the breach; and (c) if the Company determines based on feedback from consumers that the Firm or any of its listed attorneys does not meet the standard of practice desired of subscribers of the Website. "Past Due" means the annual Listing Fee (paid once a year or in 12 equal installments, once a month) is not received by the Company on or before the 30th day from which the payment is due. If a breach is cured to the satisfaction of the Company, in its sole discretion, the Company shall re list the Web Page and restore any suspended service in accordance with the terms of this Agreement. In case of a permanent removal of the Web Page and cancellation of this Agreement, the Company shall reimburse the Firm for any Listing Fees theretofore paid for the remainder of the current Term on a prorated basis. Other than as stated in the immediately preceding sentence, the Company does not give any refunds.

Provision of Services

The Company intends, but does not guarantee, that the Web Page will be operational 24 hours per day, 7 days per week, 365 days per year. The Website and Web Page may not be hosted on the Company's own servers, and the Company depends on a hosting service provider to keep the Website and Web Page operational. Notwithstanding anything to the contrary in this Agreement, the Company's obligation to keep the Website and Web Page operational is subject to the delivery and limited by the scope of hosting services provided to the Company by its hosting service. Interruptions in service demonstrably due to a failure of the Company's or its hosting service provider's web servers ("Interruptions") that last twenty-four (24) continuous hours or less will not be compensated. Interruptions that last more than twenty-four (24) continuous hours will result in an extension of the Term of this Agreement equal to the duration of the Interruption (the "Extension of Service") not to exceed 30 (thirty) days. AN EXTENSION OF SERVICE IS THE FIRM'S SOLE REMEDY FOR AN INTERRUPTION IN SERVICE, AT LAW AND IN EQUITY.

User Information

Any and all information provided by or collected from visitors of the Website and the Web Page (the "User Information") shall be owned solely by the Company, except that the User Information which is part of the text of an e-mail communication initiated on the Website or the Web Page, shall be treated as confidential and as protected by the attorney-client privilege between the user who initiated the e-mail and the Firm or attorney to whom it is addressed (the "Confidential Information"). User Information that would otherwise be deemed to be Confidential Information shall not qualify as Confidential Information if it is also provided to or collected by the Company in a manner other than as indicated above. The Company will neither collect, track nor store Confidential Information.

No Warranties

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO ANY ASPECT OF THE WEBSITE, THE WEB PAGE, THE INFORMATION THEREIN AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE AND THE WEB PAGE WILL BE ONLINE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS OR BREACHES IN SECURITY. IN ADDITION, THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ANY SERVICES OR PRODUCTS OFFERED OR SOLD THROUGH THE WEBSITE.

Limitation Of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE TO THE FIRM FOR LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF SAVINGS, LOSS OF USE, LOSS OR CORRUPTION OF CONTENT, DATA OR INFORMATION OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF RECOVERY. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE FIRM TO THE COMPANY UNDER THIS AGREEMENT FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY.

Indemnification

Each party will indemnify, defend and hold the other party harmless from and against any and all costs, liabilities, losses, damages and expenses, including reasonable attorney's fees, and amounts paid in settlement, resulting from or arising out of any claim, suit, action or proceeding brought against the other party as a consequence of the indemnifying party's infringement of any intellectual property right of a third party, including without limitation, any third party patent, copyright, trademark or trade secret. This indemnification is subject to the parties' limitation of liability under this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey and shall be deemed to have been executed in Jersey City, New Jersey. Any legal action arising from or related to this Agreement shall be brought in any state or federal court located in the State of New Jersey, County of Hudson, and the parties hereby consent to the jurisdiction of such courts.

Entire Agreement

This Agreement is the entire Agreement between the parties with respect to the subject matter hereof.

Arbitration

Any disputes that arise between the parties with respect to the performance of this Agreement shall be submitted to binding arbitration in the State of New Jersey, County of Hudson by the American Arbitration Association, to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the judgment upon the award be entered in any court having jurisdiction thereof. The parties hereby agree to share equally in the costs of said arbitration except that in the discretion of the arbitrator, any award may include the cost of the party's counsel if the arbitrator expressly determines that the party against whom the award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a frivolous or dilatory action.

Severability

Should any term, warrant, covenant, condition, or provision of this Agreement be held to be invalid or unenforceable, the balance of this Agreement shall remain in full force and shall stand as if the unenforceable part did not exist.

Validity

This Agreement is valid and enforceable against the Firm. Payment by the Firm to the Company, by check or electronic transaction, constitutes the Firm's execution and delivery of this Agreement.

I have read and agree with the terms of the End User License Agreement (EULA).

I Inherited a House. What Should I Do Next?

LOGIN TO VIEW THIS ARTICLE

Latest Articles

Subscribe to the Knowledge Bank. Get new article and cases summaries