Real Estate Law in Rutland, VT
The stakes are high for any real estate transaction in Rutland. After all, buying a home or commercial property can be the most significant investment of your life.
It is easy to imagine the benefits of having legal counsel review contracts or negotiate on your behalf. But how could they also leverage state or federal law to ensure you remain empowered?
This article addresses essential details to answer this question and many others in Vermont. Consider the tasks you may hire a local real estate attorney to complete in the sections below.
Types of Real Estate Law Disputes
Disputes involving real estate or property are very common, and some of them are quite complex. Regardless of whether you own the property, or your a tenant. Oftentimes, these disputes require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Let’s learn some more details about the different types of real estate disputes.
Escrow Deposit
If you decide to purchase any Rutland 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 Rutland, VT 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 Rutland real estate lawyer to straighten things out.
Vermont’s Consumer Fraud Act makes misrepresenting facts in a real estate transaction illegal. Penalties for violations can include fines and paying restitution to victims. The most severe circumstances in Rutland may result in jail time.
Contract Breaches
No Rutland, Vermont 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 Rutland without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Vermont landlords and tenants cannot agree on repairs, rent arrears, and more. Rutland, VT 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.
Landlords in Rutland must maintain rental units in a habitable condition under Vermont law. This requirement includes maintaining health and safety standards. Additionally, there are strict rules about security deposits. Building owners cannot charge more than two months’ rent for one, and they must return it within 14 days of the end of the lease.
Boundary Lines
Property line disagreements usually occur when adjoining Rutland, VT 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 Vermont 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 Rutland 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.
According to Vermont law, a judgment lien goes against a debtor’s property after court approval. It remains effective for eight years and can affect your ability to sell or refinance in Rutland.
What Should You Do If You Become Involved in a Real Estate Dispute In Rutland, Vermont?
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 Rutland real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Rutland 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 Rutland, Vermont
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 Rutland 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 Vermont landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Vermont 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!
