Learn About Real Estate Law and Hire an Attorney Near You

What Is Real Estate Law?

Real estate law refers to the regulations regarding owning, controlling, or using land in the U.S. As a result, it represents a substantial branch of civil law that affects most people and their daily lives.

This legislation encompasses both residential and commercial properties. Federal laws play a crucial role. But, notably, state laws vary widely. This reality of the legal landscape makes it vital to consult with a local attorney if you ever encounter trouble.

Main Areas of Real Estate Law

Real estate law casts a wide net, and parts of it exist in smaller areas of law. You must have an essential understanding of each aspect to understand the whole. Take a closer look at the primary types of concerns below.

Buying/Selling a Property

Buying or selling a home is one of the most significant transactions a person makes in their lifetime. It involves drafting contracts, inspections, mortgages, and much more.

Consequently, problems can arise anywhere along the process. The complicated choices and legalities often make a real estate attorney necessary. An attorney can also draft paperwork more to your advantage while giving you general legal guidance.

Homeownership

Most people experience owning a home at some point, and many do not have time to prepare themselves for potential legal problems. When you own residential property, you must deal with a variety of different responsibilities, including:

• Property taxes
• Mortgages
• Insurance
• Homeowner’s Association regulations
• Liability and safety issues

Foreclosures

You never imagine facing foreclosure when you purchase a home. Unfortunately, they are one of the most substantial real estate concerns.

The process for foreclosures looks different depending on your state. Some jurisdictions have non-judicial foreclosure, while others make going through the courts mandatory.

If you fear foreclosure, consult a real estate law lawyer immediately. Your advocate helps you better understand your state’s laws and find ways to keep you in your home. For instance, they could arrange a short sale or investigate illegal lending practices.

Construction Defects

Few things are more exciting than moving into your brand-new home. However, that excitement can quickly fizzle when you discover dangerous defects. Some common construction defects include:

• Structural integrity
• Electrical damage
• Mechanical problems
• Plumbing
• Water intrusion leading to toxic mold

Consult a real estate attorney quickly if you purchased a newly constructed home and have issues with the quality. They can help you remedy the situation and enjoy your new home. After all, you should not pay for a construction company’s negligence.

Mortgages

Being approved for a mortgage is often the first obstacle a homebuyer faces. Unfortunately, this process is not always straightforward, and lender issues often occur.

As a homebuyer, you deserve to know your rights as a borrower and what fair lending entails. If you feel unsure about the mortgage process, talk to a real estate lawyer about your options.

Land Use Laws

This legal realm includes trespassing, easements, zoning, and eminent domain. Additionally, it often involves finding answers to the following types of questions:

• If a person trespasses on your land, what can you do to put an end to it?
• If an individual claims an easement to use your land, can you fight to end it?
• How do zoning laws affect how I can use my property?
• Can I appeal a zoning decision if it negatively impacts my property?
• What are the penalties for violating land use laws or zoning regulations?
• How can I change the zoning classification of my property?
• What are variances, and how can I obtain one?
• How do environmental regulations affect land use laws?
• What is the difference between land use and land planning?
• How can land use laws affect the value of my property?

Neighbor Issues

Everyone hopes to have friendly and considerate neighbors, but unfortunately, that is not always the case. Problems with neighbors can escalate quickly, leading to legal actions. Some common problems involving neighbors include:

• Property line disputes
• Trees obstructing your view or endangering your home
• Noise complaints (loud music, dogs continually barking)

You can save time and money by discussing these issues with your neighbor first. Nonetheless, you may have no choice but to file a civil complaint with the court system.

Landlord/Tenant Law

Landlords and tenants have many protective rights that each party should understand. Tenant rights include:

• The right to live undisturbed
• A specified level of privacy
• The right to a home free of lead poisoning
• The right to reside in livable conditions

Landlords also have rights that protect their investment. For example, landlords have the right to enforce lease terms. If a renter violates the lease, the property owner has the right to evict the tenant. However, the landlord must follow the state’s procedures, which can make working with an eviction lawyer essential.

Work With an Experienced Local Real Estate Law Lawyer

Meet with a local attorney if you need real estate legal help. You may need zealous representation to protect your investment and rights. You only have to complete the form on our website for a free referral.

Ask us for legal help today through our website or call (866) 345-6784!