Real Estate Law in Tuscaloosa, AL
What Is Tuscaloosa, Alabama Real Estate Law?
Land; it’s the only thing they’re not making anymore of. Owning property is part of the American Dream, and has been realized by millions of people from all over the world. However, you may find yourself in a dispute over your real estate, or prospective real estate.
This area of the law can be extremely nuanced, and it may be in your best interest to seek out an experienced attorney in Tuscaloosa.
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 Tuscaloosa 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 Tuscaloosa, 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 Tuscaloosa real estate lawyer to straighten things out.
Anyone in Tuscaloosa that fails to disclose structural defects to a buyer or lessee is considered guilty of fraud in Alabama, as is failing to disclose any other type of defect in the property. In addition, making false promises to influence a contract, or misrepresenting any other part of contract negotiations is also concluded to be fraud. Engaging in fraudulent acts while renting property is illegal in Tuscaloosa, according to Alabama Statute.
Contract Breaches
No Tuscaloosa, 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 Tuscaloosa without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Alabama landlords and tenants cannot agree on repairs, rent arrears, and more. Tuscaloosa, 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 Renters Handbook helps renters in Tuscaloosa understand and exercise their rights under the Alabama Landlord-Tenant Law of 2006. All renters have the right to a livable dwelling. As well, they have the right to common areas kept clean by the landlord. You have the right to privacy in your private domicile. In addition, renters have the right to have the landlord make repairs that were not caused by the renters negligence.
Boundary Lines
Property line disagreements usually occur when adjoining Tuscaloosa, 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 Tuscaloosa 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.
The Alabama State Bar affirms that Tuscaloosa creditors can place judgment liens on your property in order to collect what you owe. The judgment lien can remain in place for up to 10 years, even if you sell the property.
What Should You Do If You Become Involved in a Real Estate Dispute In Tuscaloosa, Alabama?
If you have a real estate issue in Alabama, 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 Tuscaloosa real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Tuscaloosa 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 Tuscaloosa, 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 Tuscaloosa 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!
