Real Estate Litigation Attorney

Some of you might have heard horror stories about sales that went awry and didn’t go through. There are many reasons why homebuyers and sellers seek legal assistance. Why may they be needed? How can they protect you?

To learn how a Real Estate Litigation Attorney can assist you, read on to learn about possible real estate law issues.

 

Litigation in Real Estate: What Is It?

Law firms specializing in real estate litigation can handle disputes and conflicts in the real estate industry. As well as litigation and lawsuits resulting from those disputes. Many parties, including:

• Private individuals,
• Businesses,
• And government agencies can be involved in real estate transactions.

Various laws also apply to different types of properties, including zoning and easement laws, right-of-access laws, insurance laws, contractual agreements, and title claim laws. The fact that we handle all aspects of real estate and can handle your entire case means that you don’t need to do your research and represent yourself.

 

Typical Responsibilities of a Real Estate Lawyer

A real estate lawyer has a wide range of services available. Some work on commercial transactions related to office space, others develop, sell, and buy residential real estate, while others focus more on all types. A real estate lawyer can perform the following tasks during a real estate transaction.

 

Obtain real estate deals through negotiation.

As part of their due diligence, real estate attorneys ensure the terms of the deal protect your interests and ensure the agreement meets state and federal requirements.

 

Contract drafting and review

The attorney ensures that the contract contains all the legal terms and requirements, such as a purchase agreement, mortgage, or rental agreement.

 

Search for titles

It is necessary to conduct a title search in several situations to ensure that the following:

• Buyers can legally buy the property from the seller.
• The property is free of liens.
• It is optional for the buyer to wait to take possession of the property due to ongoing issues.
• A restrictive covenant or zoning ordinance does not limit land use in the area.
• Taxes on the property are up to date.

 

Policy drafts for title insurance

If third-party claims emerge on a property after a real estate transaction has closed and did not appear during the initial title search, the title insurance policy covers them. A real estate attorney can write title insurance policies and review them to identify any exclusions or exceptions that don’t apply to the procedure.

 

Documents needed for closing

Real estate attorneys streamline the loan closing process and ensure all necessary documents are filed, such as deeds and closing statements.

 

Litigation and dispute resolution for real estate

Depending on the situation, your lawyer may settle the dispute or represent you at trial if the conflict escalates.

 

Assist in foreclosure proceedings.

The lender may also need a real estate attorney to file a lawsuit in court to take possession of a house in judicial foreclosure if the owner is in arrears on payments.

 

Land Use and Zoning Issues

A local government regulates land use in specific ways. Areas are zoned for single-family homes, apartments, commercial buildings, or mixed-use neighborhoods. In addition to helping property owners or prospective buyers petition to change how the land uses, real estate attorneys can represent other owners in opposing rezoning.

 

Taking Quiet Title Actions

The real estate attorney has to file a quiet title action if an issue occurs during the title search that we cannot fix by correcting the title in public records. Those who might claim the property will be named in the lawsuit and notified to respond or lose their rights.

 

Sublease and Lease Drafting and Review

Having an attorney draft a lease or sublease on your behalf can ensure no potentially problematic terms appear, whether residential or commercial.

 

Contracts and loans for construction

Whether buying, building, renovating, or selling a home, a real estate attorney can negotiate and draft a construction contract and handle the closing of your construction loan. Construction loans are generally more complicated than residential home purchases as they cover costs, deadlines, liability, etc.

 

Resolve disputes and negotiate.

You’ll need to hire a real estate lawyer if you disagree over a fence or building encroachment or negotiate using a portion of the property to protect your interests.

 

Review and prepare covenants.

Homeowner associations can hire a Real Estate Litigation Attorney to draft the covenants that govern what property owners can do with their property and review them before buying to identify restrictions limiting improvements to the property or land.

 

Various Uncommon Scenarios

Lastly, some situations are less common and may require an attorney’s help. It could be a home purchase, a short sale, a foreclosure auction, a move from your home state to a different state, a divorce settlement, or a debt repayment.

 

A Real Estate Attorney’s Essentials:  Cases

Disputes in real estate have become more frequent, just as they do in any other business. Litigation in real estate can positively or negatively affect anyone involved in the industry, including:

• Agents,
• Property owners,
• Buyers,
• Sellers,
• And tenants.

Identifying a real estate claim is the first step to hiring an attorney, which can be incredibly confusing. Lawyers advise clients throughout the litigation process and aim to get the best outcome for their clients.

 

Breaking of the Contract

The contract lets both parties acknowledge that they fully agree to the real estate transaction when they sell a property or begin construction. It is necessary to sign by both parties when the property sells, or the construction process begins.

A contract usually contains information about the property, rights, and obligations regarding title clearance, closing dates, possession terms, etc. The term breach of contract refers to when either party violates the contract terms. To establish your claim, you must:

• You need to present evidence of the non-compliance of one of the parties.
• Be able to provide proof that you followed the contract’s legal requirements.

In this scenario, you should hire a real estate lawyer to analyze your case, regardless of whether it seems simple. Contracts contain legal terminology and clauses often unfamiliar to those who need to become more familiar with them.

 

The breach of duty

In this lawsuit, agents and realtors were liable when they failed to provide the following services to their clients during a real estate transaction:

• They must act entirely in favor of their client’s interests and not favor the interests of the remaining third parties.
• Maintain the confidentiality of their client’s financial and personal information.
• Provide their clients with any information they need.
• To the best of their ability, they perform their job according to their experience.
• If an agent breaches such legal obligations, they could suffer serious consequences that jeopardize their career. They will lose their bargain for the deal and their client and can sue.
• Consider getting legal advice if you doubt your realtor’s motives.

 

Problems Undisclosed

Under the law, sellers are just as responsible as real estate agents for disclosing any information they know about property defects. Such defects include, among others:

Unseen damage to property that has an impact on its value but that is not apparent to the naked eye. Hazardous conditions on the property could endanger future residents’ health.

The buyer must prove that the seller was aware of the damage before filing a lawsuit claiming failure to disclose.

 

Why You Need a Real Estate Attorney

Money and security are both critical for everyone. When purchasing one of the most significant investments in your life, why put yourself at risk? When hiring a real estate attorney, you hire someone to protect your interests, not simply someone to read the fine print.

Your lawyer is working for you to protect your interests and provide you with the peace of mind you need to sleep peacefully at night. They are your shield, your support system, and your resource. Discover five ways a Real Estate Litigation Attorney can help make your real estate transaction more accessible and less stressful.

 

1. Clarity

Someone must read all the documents and understand what they mean. To ensure maximum transparency and comfort in your real estate transaction. Hire an attorney to review all contracts and agreements and assist in negotiations.

You can count on your attorney to clarify any vague language and ensure your requirements are adequately communicated, represented, and documented whenever you need help understanding a term or part of the process.

 

2. Savings

Real Estate Litigation Attorney charge upfront fees, but the financial impact of getting things wrong is far more significant. Having an attorney review all legal documentation, negotiate on your behalf. And asking the questions you may not think to ask will protect you and your investment.

It is priceless to save money and gain knowledge when dealing with one of life’s most significant investments.

 

3. Experience

You will only know some things about this process once you talk to your real estate attorney, even if this is not your first time buying real estate. As well as their institutional knowledge, they have a firm grasp of the local and state laws since they work in the industry daily.

Suppose you’re facing a unique real estate situation (such as construction, zoning disputes, or historic properties). In that case, having legal support is vital in mitigating any risks that could delay or even jeopardize your move.

 

4. Closing

All property buyers can benefit from legal support, even if they do not have to meet with a real estate lawyer at closing. Closing involves several moving parts, including the mortgage, title insurance, deed, and final inspection.

When you hire a lawyer, the burden of reviewing, adjusting, and preparing all closing documents disappears. Property ownership can be a significant investment, and you want to ensure a successful closing by hiring a trusted attorney.

 

5. Protection

When purchasing real estate, an attorney works on your behalf and represents your interests. Besides acting as a support, your lawyer can also act as a safeguard, protecting you from issues you can’t see or predict and guiding you through the complications of real estate transactions. By seeking legal representation, you can protect your family, investments, and yourself as you progress toward owning property.

 

Advantages of Hiring a Real Estate Attorney

The majority of people will think about hiring a lawyer when something positive is about to happen. Hiring an attorney might not be on top of the list if you are on the verge of owning your home. Real Estate Litigation Attorney offer many benefits.

 

Negotiation

Most people only negotiate a little. You might have negotiated the price of your last car or bargained for a higher salary, but those are the only experiences they have with negotiation.

Lawyers specializing in real estate often spend a lot of time negotiating, which means they’ll be in a better position to get you a deal that is at least reasonable, if not favorable.

 

Drafting and Reviewing Contracts

Many documents are necessary during real estate transactions. Some of these documents include:

• Contracts of sale
• The appraisal process
• Docs for HOAs
• The disclosures

 

Reports from home inspections

You can get help drafting the contract from your mortgage lender or real estate agent, but they are not legal professionals. They usually suggest a primary, pre-written contract with a few deal-specific sections you have to fill in.

It is essential to hire a lawyer to draft a deal-specific contract covering every sale aspect and not including boilerplate clauses that may not benefit any parties involved.

It is also possible for them to review any contract you provide and point out any linguistic problems.

 

Real Estate Contract Interpretation and Drafting

Generally, real estate purchases between individuals follow a predictable pattern but are more complex. However, large legal entities, such as corporations, trusts, and trusts, often complicate real estate sales.

As a result, the contract will be more complicated. You must negotiate or draft an agreement covering those legal stumbling blocks to ensure a purchase goes through. That way, everyone involved will be protected, and the purchase will be successful.

 

Liens and Title Searches

An accurate lien and title search is essential before purchasing real estate. This process ensures that there is no financial claim against the property and that the seller is legally allowed to sell it.

You can rely entirely on a reasonable real estate attorney to assist you. At a bare minimum, they can complete lien and title searches. If everything is in order, you can proceed with the purchase.

When they discover outstanding liens on the property, they can assist with resolving the matter so you can continue with the deal. If there are title issues, they can help resolve them as well.

The good thing is that they can even stop a sale before it gets out of hand.

 

The correct filing of documents

The county requires a new deed every time a property transfers. Deeds are legal documents, but most banks or mortgage lenders can handle this for you. You want to avoid problems later.

The main reason for hiring a lawyer during this process stage is to ensure the document meets all legal requirements. Beyond that, they are often able to speed up the process.

Reviewing the documents for a home inspection or disclosures

While most property deals take place in good faith, there is no point in pulling the wool over anyone’s eyes. Nonetheless, you should always conduct due diligence on a property purchase anytime you decide to purchase.

It’s for this reason that property sales require disclosures and home inspections. There are a variety of ways to write disclosures and reviews. Someone who wants to get rid of a problem property quickly might suggest burying problems in vocabulary with a buddy.

There are signs of a shady disclosure document or home inspection that an excellent real estate lawyer can recognize, and they know how to unravel the meaning behind jargon-ridden documents.

 

Closures

Several steps are involved in closing a property, including filling out the deed and resolving any last-minute disputes. If the home inspection uncovered a roof problem, your lawyer may be able to negotiate a discount so that you can get a new roof.

You can also get your lawyer to prepare a closing document. It serves as an accounting of everything that happened during the process of selling your house.

An example might be:

• What the buyer paid in earnest money, and when
• Escrow account funding
• Upon receiving the final payment from the seller
• By having your lawyer prepare this document, you know it will meet all the legal requirements when you sell your home.

 

Choosing a lawyer who specializes in real estate.

When choosing a real estate attorney, or if you’re required to work with one, there are several factors to consider.

Ask for recommendations. You can benefit significantly from recommendations from friends, family, or colleagues, particularly those who have recently purchased or sold the property.

Use the American Bar Association directory. You can find your state’s real estate attorney website in the directory.

Read reviews. Research highly-rated real estate lawyers online, including their specialties, fees, and reviews, to make a more informed choice.

 

Bottom Line

It is common for people to need to be made aware of what could lead to a real estate dispute besides experienced agents or realtors. Despite the excellent idea that everyone has the best intentions, sometimes that’s not the case. You will know your rights are safe if you hire a litigation lawyer.

Our real estate litigation attorneys at Attorney Real Estate Group have extensive experience handling real estate claims. Feel free to contact us with any questions or concerns about real estate litigation.