What Types Of Cases Do You Handle Under Real Estate Law?
I assist people in making transactions. Almost all types of real estate that people can own are included. It could be residential property, which could be single-family or a multifamily residence. It could be raw land that is about to be developed or land that is inherited and not developed. It could be commercial property. Commercial properties could include office buildings, single-purpose buildings, or a space in a shopping center or a mall.
These transactions include buying and selling. If it is a piece of raw land or a property with a building on it, then there is leasing, which is often when the parties cannot afford to buy or sell at a rate they want. These leases are typically long term. The other area we work in is what we call “title”. Sometimes, in the process of buying, selling, or leasing, there are title questions as to who owns the property, easements or liens.
What Are Some Common Reasons People May Need A Real Estate Attorney?
Real estate is much more complicated than most people who are not real estate professionals imagine. Contracts have many details. There is a great deal of language that appears to be mumbo jumbo but actually that language is very critical. There is a variety of real estate jargon and different legal jargon and if a person is presented with a contract and just told to sign it, the real estate broker may not fully appreciate and explain all of the possible problems buried in that jargon.
There are also things in these agreements that are called representations, in which one side tells the other side that such and such fact or statement is or is not true. These representations can turn into a lawsuit if one or more later turns out to be inaccurate. Sometimes, people own property and questions come up that are unexpected, like title problems or condemnation.
Do I Need An Attorney To Buy Or Sell Residential Or Commercial Property?
You absolutely need an attorney to buy or sell commercial property. In commercial real estate, there are laws that affect things like representations. However, there is much more scope for negotiation and agreement between the parties as to the particular elements of the contract. It is necessary for a non-real estate person to have an attorney to advise them as to all of these potential pitfalls and to negotiate to make the contract more fair and neutral.
In residential real estate, particularly if someone is buying a middle-class home, you often do not need an attorney unless you get into a dispute over what the contract means. For example, the desire of one party or the other to cancel the contract happens very frequently. In that case, one should consult an attorney.
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