Real Estate Law in Las Vegas, NV
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 Las Vegas, Nevada 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 Las Vegas 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 Las Vegas 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 Las Vegas, NV 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 Las Vegas real estate lawyer to straighten things out.
Under Nevada Statute, mortgage fraud is a felony in Las Vegas. The state defines mortgage fraud as the intentional misrepresentation of material information in a mortgage loan transaction. Specifically, fraud occurs when you intend to obtain loan provisions for which you do not qualify. One offense can result in up to 10 years in jail and up to $10,000 in fines. A pattern of offenses may result in 20 years in jail and up to $50,000 in fines.
Contract Breaches
In , , a real estate transaction isn’t legally enforceable without a valid contract. However, not all contracts meet the necessary legal standards. The requirements for a valid real estate agreement can differ by state, and documents with missing details or unclear language often lead to disputes between buyers and sellers.
A real estate contract is a legally binding document, so it’s crucial to ensure it is complete, clear, and mutually beneficial. Before entering into any real estate transaction in , take the time to verify that the contract satisfies all legal requirements to protect your interests and avoid potential disputes.
Landlord/Tenant
Disputes often arise when Nevada landlords and tenants cannot agree on repairs, rent arrears, and more. Las Vegas, NV 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, but so is having good legal counsel.
Under Nevada’s Landlord and Tenant Act, a Las Vegas landlord cannot charge more than 3 month’s rent as a security deposit. This deposit would include last month’s rent. In addition, the landlord must return any remaining deposit and an itemized list of deductions within 30 days of the lease termination.
Boundary Lines
Property line disagreements usually occur when adjoining Las Vegas, NV property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors.
Defining property lines can often be challenging, and property records are not always accurate or easy to interpret. Disputes typically arise over issues like fencing, trees, and other boundary concerns. While some property owners may feel inclined to resolve these matters on their own, doing so can lead to further complications. In most cases, court intervention is the best way to clarify 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 Las Vegas 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 be cleared before securing a mortgage or financing.
To attach a judgment lien to the Las Vegas property, you must file the judgment with the Clark County Clerk. Nevada law dictates that the lien will remain attached to the debtor’s property for six years. This time limit holds even if the property changes hands. However, the primary dwelling of a Las Vegas judgment debtor is exempt from execution upon a judgment for a medical bill.
What Should You Do If You Become Involved in a Real Estate Dispute In Las Vegas, Nevada?
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 Las Vegas real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Las Vegas real estate law is quite complex. You need 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 Las Vegas, Nevada
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 Las Vegas 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 Nevada landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Nevada 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
