Real Estate Law in Sioux Falls, SD
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 Sioux Falls, South Dakota 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 Sioux Falls 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 Sioux Falls 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 Sioux Falls, SD 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 Sioux Falls real estate lawyer to straighten things out.
South Dakota statute dictates that a seller must disclose any known defects when selling a Sioux Falls property. Specifically, the seller must use the Disclosure Statement to provide information about the condition of the property. The Statement should include information such as structural damage and lot line issues. If the seller fails to disclose a known issue, the buyer can go to court and claim damages. However, the buyer does not generally have the option to cancel the sale.
Contract Breaches
No Sioux Falls, South Dakota 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 Sioux Falls without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when South Dakota landlords and tenants cannot agree on repairs, rent arrears, and more. Sioux Falls, SD 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 the Sioux Falls Ordinance on Rental Housing, all Sioux Falls landlords must obtain a permit from the city before any occupancy can begin. Be aware, that the city can revoke a permit for substantial noncompliance with any applicable city ordinance. Furthermore, no more than three unrelated people can inhabit a rental property in Sioux Falls.
Boundary Lines
Property line disagreements in , often arise when neighboring property owners fail to respect established boundaries. In some cases, this stems from a genuine misunderstanding between neighbors.
Property lines aren’t always easy to define, and property records can sometimes be unclear or inaccurate. Disputes often occur over things like fences, trees, or other boundary-related concerns. While some property owners may feel inclined to resolve the issue themselves, doing so can lead to further complications. Seeking court intervention is usually the most effective way to accurately 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 Sioux Falls 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 on a Sioux Falls property, the creditor must file the judgment with the Minnehaha County Clerk of the Circuit Court. South Dakota law dictates that a judgment lien will remain attached to the debtor’s real property for 10 years.
What Should You Do If You Become Involved in a Real Estate Dispute In Sioux Falls, South Dakota?
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 Sioux Falls real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Sioux Falls 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 Sioux Falls, South Dakota
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 Sioux Falls 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 South Dakota landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across South Dakota 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.