We assist our clients in reviewing and preparing real estate contracts required in every phase of a real estate transaction. Although this encompasses an extensive array of business and real estate related contracts, some of the more common agreements are leases, option agreements, purchase and sale agreements, boundary line agreements, termination agreements, deeds in lieu of foreclosure etc.
Whether you are buying or selling real property 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.
Purchasing real estate, whether it is residential or commercial will likely be one of the largest financial transactions of your life. Issues can arise at all stages of a property acquisition. 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 payment obligations 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. Are there parties with rights to possess the property?
7. Are there title defects that would compromise the value of the property?
8. Has work been done on the property without permits?
9. Is the current use of the property allowed?
Purchasers can protect 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 lawyer.
Disputes over real estate are not limited to the typical disputes with transaction processes such as those associated with buying and selling property, construction contracts, defects, title, and deed problems. However, a whole range of disputes can occur in other aspects of property law such as boundary disputes, injuries on property, trespass, nuisance, and encroachment. Disputes are especially common when a property owner can no longer make payments of secured obligations, i.e. mortgage payment(s). Although it can vary depending on the terms of the security agreement, a lender may foreclose on the property if the owner fails to make payments. Foreclosure will generally involve the lender repossessing the home and re-selling it to another property buyer. Foreclosures and foreclosure defense involve a lot of legal procedures that an attorney can help you with. Depending on your personal situation, the type of foreclosure, and the jurisdiction, you may be able to stay in your home until the foreclosure is complete.
Real estate acquisitions will likely be one of the largest and most important purchases of your life that is why not getting counsel is incredibly dangerous. Whether you are buying, selling, or dealing with some other real estate transaction, a lawyer can help you. There are many people involved at various stages in real estate transactions or disputes. Any one of them can make a mistake, costing you a lot of time and money, and potentially your property. For example, if you are purchasing a home that is discovered to have an illegal unit or addition, tenants in residence, or if problems exist with the title to the property, you will likely have to take some legal action to remedy the situation. To avoid biased opinions, you should NOT rely on legal or real estate advice from the seller or one of the agents of the property (even if they are also an attorney). A seller or an agent makes money when the property is sold; your best interest may not be in their best interest. It is important to have counsel who is only looking out for your concerns, review all real estate documents for accuracy and for your protection. Real estate law can be a complicated and time-consuming experience, a lawyer will be able to help you navigate through property law.
The firm has extensive experience in reviewing, drafting and negotiating commercial and residential leases. Our clients range from institutional landlords to individuals and small businesses in need of guidance or involved in disputes. In addition, we have handled countless residential and complex commercial evictions as well as related litigation for over 15 years.
Real Property Transaction Documents: No matter how simple or complex your transaction is, we will review, draft and negotiate your lease and/or purchase and sale agreement involving residential, commercial, industrial or office properties. The scope of transactions we have been involved in range from the purchase of a single family home to the sale of commercial properties in the multi-million dollar range.
Real Estate Finance: The firm represents lenders and borrowers in handling all aspects of real estate secured transactions, including construction, acquisition, revolving and permanent loans. Depending on your needs, we can oversee every aspect of the loan process or simply assist with any part of the transaction. We are experienced in performing title, survey, lease and entity documentation review, working with title companies to obtain appropriate title insurance, and drafting and negotiating transaction documents. When subordination, assumption or modification issues arise, we are also skilled at preparing custom documents to fit the situation or using client forms with appropriate adaptations. In addition, we often review purchase and sale agreements and CC&Rs to assist lenders and borrowers with issues in determining whether to lend on and/or purchase real property.
Foreclosures: We have extensive experience working with both lenders and borrowers in foreclosure, which means foreclosing and defending against foreclosure actions, both judicial, and non-judicial.
As an experienced real estate litigation firm, we have the ability to assist you and/or your business with a multitude of real estate disputes including but not limited to:
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