Real Estate & Property Law
This Law generally refers to the laws controlling the ownership or use of land in the United States. It is a branch of civil law that addresses the rights to possess, use, and enjoy land and any permanent fixtures attached to the land, such as buildings. Interests in land not only include ownership, but lesser interests such as leaseholds, easements, liens, tenancies, mineral rights, mortgages, and the like.
Real estate law directly or indirectly impacts most of us on a daily basis, affecting homeowners, renters, landlords, home buyers, and home sellers. In the United States, every state has exclusive jurisdiction over the land within its borders. Each state has the power to determine the form and effect of a transfer of real property in its jurisdiction. As a result, state law requirements vary significantly from state to state.
A real estate agreement between a buyer and seller of real estate is governed by general principles of contract law and individual state laws. The sale or transfer of real property is almost always required to be in writing. It is often required in real estate contracts that the title to the property sold be “marketable.” An attorney or a title insurance company is frequently employed to investigate a title’s legal marketability.
In order to pass the title, a deed with a proper description of the land must be executed and delivered. Some states require that the deed be officially recorded to establish ownership of the property and/or provide notice of its transfer to subsequent purchasers.
Law Groups can provide you with advice or representation in a wide variety of matters, including:
- Reviewing, drafting, and/or negotiating a commercial lease (including negotiating landlord/tenant improvements)
- Breach of contract
- Misrepresentation claims (e.g., failure to disclose defects)
- Evaluating inspection reports
- Breach of warranty
- Construction contract disputes
- Construction defects
- Real estate fraud / mortgage fraud
- Commercial lease disputes
- Foreclosures (owner or lender representation)
- Insurance
- Quiet title actions (disputed ownership)
- Easements and boundary disputes.
A qualified and experienced real estate attorney can help you to understand and make decisions regarding laws, contractual terms, and financial arrangements, as well as investigate and alert you to some potential concerns that you may not realize or anticipate, such as:
- Interpretation of contracts
- closing transaction & procedures including finite when signing, financial, document review, liens, taxes & being an advocate
- Proposed zoning or general plan changes that could affect the long-term utility or value of the property
- Building code or permitting problems on existing structures
- The advisability of obtaining additional inspections or assessments, and evaluating the significance of problems disclosed in inspections ( e.g., termites, mold, leaks, duct problems, faulty structural integrity)
- Environmental or potential environmental issues (such as wetlands or pollutants)
- Covenants or restrictions on the property
- Chain of title problems
- Tax burdens and tax ramifications of various financing arrangements
- Other potential issues
Real Estate Disputes
Real estate transactions involve so much paperwork and problems occasionally arise. The parties will need to determine who is legally responsible for bearing the cost or other burdensome problems. When these disputes arise, you may find yourself involved in litigation.
If you intend to litigate regarding a real estate transaction—whether as plaintiff or defendant—it is essential that you hire an attorney who is well-versed in real estate law within the appropriate jurisdiction. Not only are the laws, regulations, and case law complicated and extensive, real estate-related contracts and agreements have a special language that only a real estate attorney may be qualified to understand. When so much is at stake, you want to make sure that your attorney is an experienced and knowledgeable advocate.
FOR SALE (considerations)
