Real Estate Law in Wichita, KS
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 Wichita, Kansas 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 Wichita 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 Wichita 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 Wichita, KS 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 Wichita real estate lawyer to straighten things out.
Kansas Statute prohibits real estate brokers from engaging in fraud or making substantial misrepresentations. For example, a Wichita real estate broker cannot offer to sell or rent a property without the owner’s consent. In addition, a Wichita real estate broker cannot induce any party to break a contract of sale or lease.
Contract Breaches
No Wichita, Kansas 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 Wichita without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Kansas landlords and tenants cannot agree on repairs, rent arrears, and more. Wichita, KS 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 Sedgwick County Rental Housing Code enforces minimum rental property standards in Wichita. For example, a Wichita rental unit must be free of visible evidence of insects and rodents upon every new occupancy. In addition, the Wichita landlord is responsible for any extermination. Furthermore, the landlord must ensure that every window and exterior door is reasonably weather-tight, lockable, and rodent-proof.
Boundary Lines
Property line disputes often arise when neighboring property owners in , disagree over the boundaries of their land. These issues can sometimes stem from genuine misunderstandings between neighbors, especially when property lines are not clearly defined. It’s not uncommon for property records to be unclear or inaccurate, adding to the confusion. Disagreements typically center around issues like fencing, trees, or other boundary-related concerns.
While some property owners may attempt to resolve these disputes on their own, taking matters into their own hands can lead to further complications. In many cases, the best course of action is to seek court intervention. This ensures that property lines are accurately determined and legally enforced, helping to prevent ongoing disputes.
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 Wichita 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.
If the court that renders the judgment is in Sedgwick County, the judgment lien is created automatically on a Wichita property. If not, the creditor must record the judgment with the Sedgwick County Clerk of the District Court. Under Kansas law, the judgment lien can remain attached to the property for five years.
What Should You Do If You Become Involved in a Real Estate Dispute In Wichita, Kansas?
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 Wichita real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Wichita 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 Wichita Real Estate Attorney
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 Wichita 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 Kansas landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Kansas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced Wichita real estate attorney!
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.
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