Yes, having the court impose a constructive trust on the assets is the remedy for a claim (under these circumstances) for unjust enrichment. 

From an outside viewer, I would be nervous to work with either one of you, since you are fast to go public with any grievance and the realtor has poor communication skills and has no problem blaming external circumstances for lack of a simple courtesy call.

I imagine that some DSTs are failing, but the question is how prevent that is, and what are the circumstances of those DSTs in trouble versus those that are meeting their return expectations.

Of course there could be other circumstances specific to you that change your analysis, but what you laid out is correct.

Can I ask if you've been using a property manager and what circumstances led to the properties being mostly vacant?

Because of that, I don't believe it's necessarily accurate to paint a market picture based on inventory levels aloneIn most circumstances, these lots are still moving if priced correctly, and I can back that up as I've sold multiple of them over the past few months.

The fact that the same section does not prohibit the collection of STATUTORY attorney’s fees under 799 or 814 is meaningless in this circumstance because you included the illegal clause directly in the lease.

Hello Everyone,I’ve been a member for a while, but due to unforeseen circumstances I had to take a break from my real estate endeavors.

Depending on the circumstances the neighbor could be making a claim against the adjoining owner, not her insurance.

Plans only work until they don’t… due to a ton of unforeseen costs in a major renovation and revenue targets not hitting even our conservative metrics it doesn’t cash flow.Chris, I recommend taking your questions elsewhere.