Real Estate Law in Fayetteville, NC

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home? Whether or not you are a property owner or tenant, you have rights under Fayetteville, North Carolina real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Fayetteville real estate attorney.

Types of Real Estate Law Disputes

Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any Fayetteville property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Fayetteville, NC  property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Fraud/Omissions

Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Fayetteville real estate lawyer to straighten things out.

North Carolina’s Residential Mortgage Fraud Act defines mortgage fraud as intentionally defrauding another person for financial gain in the mortgage lending process. It is sufficient in any Fayetteville prosecution to show that the perpetrator intended to deceive or defraud. However, it is unnecessary to show that any person was hurt financially in the transaction. A single offense of mortgage fraud is a Class H felony, and the penalty is up to 25 months in jail. However, committing a pattern of fraud is a Class E felony and can result in up to 63 months in jail.

Contract Breaches

No Fayetteville, North Carolina real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Fayetteville without a valid mutually beneficial contract.

Landlord/Tenant

Disputes often arise when North Carolina landlords and tenants cannot agree on repairs, rent arrears, and more. Fayetteville, NC tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.

Under North Carolina Statutes, a Fayetteville landlord must keep the plumbing, heating, sanitary and electrical equipment in good and safe working order.  Landlords must also provide smoke alarms. If a landlord provides appliances, they must fix them if they break down. As well, Fayetteville landlords must obey the City of Fayetteville housing codes. The Fayetteville Code Enforcement Division oversees ongoing compliance with City codes and regulations.

Boundary Lines

Property line disagreements usually occur when adjoining Fayetteville, NC property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some North Carolina property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders. 

Determining the rightful owner of a property in Fayetteville is not always easy. Many factors and issues can arise when disagreements over real estate exist.

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must clear before securing a mortgage or financing.

To attach a lien to a Fayetteville debtor’s real property, you file a copy of the judgment with the Cumberland County Clerk of Superior Court. This must be done if the court that ordered the judgment is outside Cumberland County. Otherwise, the court order creates the judgment lien automatically. Under North Carolina law, the lien will remain on the property for 10 years.

What Should You Do If You Become Involved in a Real Estate Dispute In Fayetteville, North Carolina?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Fayetteville real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.

Learn About Real Estate Law

Fayetteville real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney In Fayetteville, North Carolina

Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Fayetteville lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help North Carolina landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across North Carolina state lines. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!