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Real Estate Law

Real estate transactions are governed by a wide body of federal statutes and a combination of state statutes and common law. The requirements established by state law often differ significantly from one state to the next.

Whether you are buying or selling a home, in a real estate law dispute, or contemplating a real estate transaction, it is important to know your rights and have them explained to you by a real estate lawyer. Real estate law encompasses a broad range of issues in relation to property law that you may have never thought about before such as, easement disputes, foreclosures, injuries, property taxes, neighbor relations, property deeds, real estate warranties, different types of mortgages, insurance, and issues related to buying and selling real estate. You will likely have several questions you need answered and an experienced real estate attorney can help you.

The agreement to sell between a buyer and seller of real estate is governed by the general principles of contract law.

It is commonly required in real estate contracts that the title to the property sold be marketable. This requires that the seller have proof of title to all the property he or she is selling and that third parties not have undisclosed interests in the title.

A title insurance company or an attorney is often employed by the buyer to investigate whether the title is, indeed, marketable. Title insurance companies also insure the buyer against losses caused by the title being invalid.

In order to pass 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.

Purchasing a home will likely be one of the largest financial transactions of your life. Issues can arise at all stages of home buying. Deciding where to live may be the first question to answer, but make sure you know how to pay for your new home, how to make an offer, and how much should your offer be. Also, the house should be inspected, deed prepared, and repairs made all before the closing. It is important that you have protected yourself before you sign any final documents. You should know what you are buying, all the good and bad about it. Make sure you know the answers to potentially damaging information such as:

  1. Are there any zoning violation issues with the property?
  2. Are there present or past environmental hazards a problem on the property?
  3. Are there covenants or restrictions on the property that would limit my use of the property?
  4. Will my mortgage change over time? Can I afford to make all the payments over time?
  5. Are there potential issues with the chain of title to the house that may interfere with my full ownership of the property?
  6. Is the property value estimate accurate?
  7. What are / can I afford my real estate taxes?

Owners can protected themselves from these issues and others, by taking the time to find all the information about buying real estate and discussing any potential problems with a real estate lawyer.

Our law firm can aid you through the entire process of selling or buying a house. Therefore, please feel free to take advantage of the FREE LEGAL CONSULTATION offered by our firm so that you may make an informed decision regarding your future.

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