Buying a piece of property is a tremendous investment, and an array of legal issues comes into effect when buying or selling real estate. Even issues involving the management of a piece of property may be subject to many different laws. Individuals and businesses seeking to make any type of real estate transaction or manage a piece of real estate should consult with a lawyer who understands the specifics of real estate law.
Why Do I Need to Hire a Real Estate Lawyer?
Real estate law is a broad subject, and some aspects can overlap into other legal areas, such as estate planning law, bankruptcy law and general torts law. The following examples are some of the services lawyers can offer related to real estate and information about how they may help:
Buying a house – Purchasing a new home is complicated, and sometimes a real estate agent alone cannot answer all your questions. Finding a lawyer who can examine the language of your mortgage or any other contract can ensure you receive fair treatment and a fair deal. Many people get locked into mortgages before realizing that they missed minor but important details that come back to haunt them. You can avoid this by talking to an attorney who understands real estate law.
Selling a house – Much like buying a home, selling a home is similarly complicated and involves contracts that an attorney should draw up or scrutinize. Lawyers can answer any complicated questions, including whether you will owe any taxes on the proceeds from your home sale. Selling a home is a great deal of work alone, and the advice of an attorney can be crucial.
Home defects – If your home has a major defect, such as lead paint, and the seller or property owner failed to disclose this, you may be able to take legal action. You may be able to speak to a personal injury lawyer if you believe anyone in the home was harmed because of this defect.
Landlord or tenant relationships – Leasing property to renters can be a positive, profitable experience or it can become a nightmare. Tenants and property owners often have a number of different disputes, such as rent payments, security deposits, apartment damage and other issues. A lawyer can work with you to resolve disputes with a property owner or renter.
Foreclosure – Sometimes circumstances can cause someone with a lien on your house to take possession of your property. Whether you want to keep your home or just need to find out how to handle the situation, it does not hurt to speak with a lawyer about what options you may have. In some cases, a bankruptcy attorney can work with you to manage your debt or file for bankruptcy and prevent the foreclosure from leaving you without a home.
Finding the Right Lawyer for Your Real Estate Concerns
Many different lawyers may be able to assist you with your real estate issues. With a little research, you can retain a lawyer who thoroughly understands your problems and can find the right resolution.
How do you go about dividing property in divorce? Who gets what? What counts as a marital asset vs a non-marital asset?
Kelli Hooper is a divorce attorney based in Fayetteville, Georgia who helps clients in the Metro Atlanta area. In this video, she answers frequently asked questions about how property is divided between divorcing couples.
Attorney Kelli Byers Hooper | 888-558-1353 | Atlanta Divorce Lawyer
Who gets to stay in the house during a divorce? Will the kids need to change schools? What’s the best way to handle the house during a divorce proceeding?
Kelli Byers Hooper is a family law attorney with KBH Law, Inc. in the Atlanta metro area. In this interview, she answ
Brian Chase, of the law firm of Bisnar Chase in Newport Beach, California, has filed a class action lawsuit against First National Title Company and First National Financial for a massive data breach that affected millions. For more information and to see if you were affected, fill out the form on this page.
Consult a Real Estate Attorney for Legal Advice
Real estate law is a complex field of law that covers all transactional aspects of private, public, and commercial property. It also intersects with many other fields of law, including estate planning, bankruptcy, and general tort law.
Some area of real estate law where it may be helpful to in
When people think of estate planning, they might believe this is something only the very wealthy have to address. The truth is, an estate plan is one of the most important documents that you consider and execute, and they aren't just for the rich. Surprisingly, many people don't even realize that they, themselves, have assets that could be protec
Yes, it's true. Even when going bankrupt, you may not have to get rid of your car (or even real estate investment)! Instead, if you are able to file a Chapter 13 "wage earners" bankruptcy, then you could be able to reduce your principal balance and restructure your vehicle installment loans, or you may be able to at least minimize the payments.
Homeowners associations are the source of far more controversy than many people realize. According to the Indianapolis Business Journal, some homeowners associations in Indiana have begun banning the use of homes in their neighborhoods for short-term rentals, because they believe that renting out homes for less than 30 days brings down property val
As a renter, many of us do not think about our legal rights until something goes wrong. Take for example a tenant law in Washington DC that was recently revised. According to The Washington Post, the Tenant Opportunity to Purchase Act (TOPA), which has been a law in DC for around 30 years, was revised by the DC Council. Prior to the changes, TOPA p
Six 6 Steps to Protecting Your Loved Ones
Planning for the future can mean different things to different people. However, while we may work toward goals such as securing financial stability or obtaining adequate health care while we are alive, we can sometimes neglect the future that comes after we are gone. That's where estate planning comes in.
It is crucial you know the ins and outs of purchasing a home in Mexico since you are dealing with a property that is outside the US. There are, therefore, legal guidelines to follow when owning a home outside the country. The biggest issue with trying to investigate the prospects of owning property in this country is the language barrier.
The short answer is yes. After all, not only will it be the biggest, most significant purchase you’ll ever make, but it is a lengthy process requiring legal compliance in an industry littered with pitfalls and problems. Having a dedicated real estate lawyer on your side can be the difference between a smooth process and a headache.
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