Real Estate Law in Huntsville, AL
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 Huntsville, Alabama 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 Huntsville 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 Huntsville 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 Huntsville, AL 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 Huntsville real estate lawyer to straighten things out.
Unlike most states, Alabama does not have statutes that require a seller to disclose information about the Huntsville property they are selling. However, the Alabama courts have found that the seller has a duty to disclose in three circumstances:
- The buyer and seller have a fiduciary relationship with each other
- The seller knows about material defects that would not be obvious to the buyer and that could pose a health or safety risk
- The buyer asks about the specific defect
If a Huntsville buyer can show that one of these situations applies, they may have a case under Alabama’s fraud statute.
Contract Breaches
No Huntsville, Alabama 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 Huntsville without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Alabama landlords and tenants cannot agree on repairs, rent arrears, and more. Huntsville, AL 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.
The Alabama Residential Landlord and Tenant Act sets the rules for rental agreements in Huntsville. Some of the areas the statutes cover include security deposits, late fees, and eviction proceedings. Under the law, tenants have a duty to pay their rent on time and keep the property reasonably clean. Unlike in some states, Huntsville tenants cannot withhold rent if the landlord fails to make necessary repairs. The tenant can, however, terminate the rental agreement and/or sue the landlord for damages. Landlords have a duty to maintain the premises in a habitable condition under both state law and Huntsville Municipal Code.
Boundary Lines
Property line disagreements usually occur when adjoining Huntsville, AL 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 Alabama 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 Huntsville 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.
As in most states, Alabama law creates a lien on your property when a court issues a judgment against you. If you don’t pay, the creditor can attach the lien to your Huntsville real estate. To do so, the creditor must record the judgment with the Madison County Probate Court. Once it attaches, the lien can stay on your property for up to 10 years.
What Should You Do If You Become Involved in a Real Estate Dispute In Huntsville, Alabama?
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 Huntsville real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Huntsville 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 Huntsville, Alabama
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 Huntsville 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 Alabama landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Alabama 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!
