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Real Estate
Law
Real estate law can be confusing, even to real
estate professionals – lenders, agents
and brokers. If you have a question about real
estate law, the best people to consult with are
real estate lawyers. Real estate attorneys
specialize in real estate law and they can
offer sound advice, regardless of your
situation.
When do I need a real estate
attorney?
Real estate lawyers handle a wide variety of
issues concerning real estate. For instance,
they can review the paperwork of a loan closing
to make sure that everything is in accordance
with real estate law. Real estate attorneys can
advise you of your rights in a foreclosure
action, and can help you with zoning,
easements, environmental hazards, and other
restrictions that may apply to your real
property.
Real estate attorneys also deal with issues
that arise in construction contracts, title
problems, and they even deal with law affecting
timeshares, coops and condos. Basically, if you
need legal help concerning real property,
whether you are a buyer, a seller, an owner, a
mortgagor, or a mortgagee, real estate lawyers
can help you by interpreting the laws of your
state and advising you of your rights.
Real estate law may also affect estates. If you
are a joint owner of a property and the other
owner dies, under real estate law, will the
property be yours are will it be subject to the
heirs of the other person? If you die, will
your property be transferable to your heirs or
will it become the sole property of the joint
owner? Questions like this are best answered by
a real estate attorney. Properly prepared
documents can help to avoid problems in the
future.
If you are a buyer or seller of real estate,
you might discover that you have a clouded
title. Under real estate law, your property
title can be affected by tax or contractor
liens, survey disputes and claims of ownership
from other people. In order to solve such title
problems, it is advisable to consult with a
real estate attorney.
Sometimes when you are considering purchasing a
property, you discover a restrictive covenant
that might detract from the value of the
property. Restrictive covenants can be placed
on properties to prevent the owner from using
it in a way that might disturb the neighbors or
detract from the look of the neighborhood. For
instance, restrictive covenants might require
the buildings placed on the land to be of a
certain size or style, or restrict your right
to raise animals on the property. A qualified
real estate attorney can determine whether or
not this restrictive covenant will apply to you
after your purchase of the property, or whether
it was a personal agreement that ends with the
sale of property to a new buyer.
Are owner-financed agreements subject to real
estate law?
Owner-financed agreements are subject to real
estate law, and it is best to have a real
estate attorney review the agreement to ensure
that it is written to best protect your
interests and in compliance with the law. Many
people rely on escrow companies to prepare the
agreement, but generally, they use a standard
agreement which does not necessarily have your
interests in mine.
It is worth the money to get advice from an
experienced real estate lawyer who is working
for you to provide you with the protection that
you need.
Who makes real estate laws?
There are both federal and state real estate
laws. Real estate transactions are also subject
to common law in addition to real estate law.
Real estate law varies from state to state.
Real estate attorneys are licensed in the
states in which they practice and they can
decide which real estate laws apply to your
transaction. Please fill out the
"Legal Help Request Form" above to get the
legal help that you need. Our service is
completely confidential and there is no
obligation! Why wait, get Real Estate Law help
now.
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