Learn About Real Estate Law and Hire an Attorney Near You
What Is Real Estate Law?
Real estate law, also known as property law, refers to the laws regarding owning, controlling or using land in the U.S. It represents a substantial branch of civil law that affects most people every day. Real estate law encompasses both residencies and commercial properties. While federal laws regarding real estate exist, similar state laws vary widely. With this in mind, it makes it important to consult with a local attorney if you ever encounter legal real estate trouble.
Main Areas of Real Estate Law
Real estate law is a wide umbrella under which exist several smaller areas of law. In order to have a better understanding of real estate as a whole, you must understand each of the main areas of law. Take a closer look at the primary types of real estate law.
Buying/Selling a Property
Buying or selling a home represents one of the biggest transactions that a person makes in her or his lifetime. Buying or selling a house involves making offers, drafting a contract, inspections, mortgages, a title transfer and much more. Consequently, legal problems can arise anywhere along the process. This is why you should have a real estate law attorney on your side, even before any issues arise. Not only can you consult with a legal advocate on potential problems, but an attorney can help draft a contract that works for you and all other parties.
Most people experience owning a home at some point in their lives, and many have no idea what kind of legal problems can occur throughout homeownership. When you own residential property, you must deal with a variety of different responsibilities, including:
- Property taxes
- Homeowner’s association regulations
- Liability and safety issues
Hopefully, you never have to worry about any legal problems regarding the above topics. If you do, contact a reputable and experienced attorney who specializes in real estate law to protect your rights.
When you purchase a home, you never imagine facing a foreclosure. Unfortunately, foreclosures are all too common and represent one of the biggest legal areas of real estate. The process for foreclosures looks different depending on your state because some states are non-judicial foreclosure states while others are judicial foreclosure states.
Courts do not deal with non-judicial foreclosures, which does not take long. This speedy process often proves problematic for the person being foreclosed on. Courts handle judicial foreclosures, which take a lot longer, but allow the homeowner to fight the foreclosure process with the help of a legal professional.
If you ever face a foreclosure, consult with a real estate law lawyer right away. Your advocate helps you better understand your state’s laws and find ways for you to avoid foreclosures, such as doing a short sale or investigating potential lender problematic actions.
Few things are more exciting than moving into your brand-new home, but that excitement can quickly fizzle when you discover construction defects that pose a danger to you and your family. Some common construction defects include:
- Structural integrity
- Electrical damage
- Mechanical problems
- Water intrusion leading to toxic mold
If you purchased a newly constructed home and found defects, consult with a real estate law attorney so you can remedy the situation and get back to enjoying your new home. You should not have to pay for a construction company’s negligent actions.
Being approved for a mortgage is often the first obstacle a homebuyer faces. Unfortunately, this process is not always straightforward, and lender issues often arise during the approval process. As a homebuyer, you owe it to yourself to understand how to qualify for a home loan, what your rights as a borrower are and what fair lending entails. If you feel unsure about the mortgage process or think your lender acts outside the law, then talk to a real estate law attorney about your legal options.
Land Use Laws
Owning land may involve an entirely new area of legal problems: land use. This legal realm includes issues such as trespassing, easements, zoning and eminent domain. If a person trespasses on your land, what can you do to put an end to it? If an individual claims she or he has an easement to use your land, can you fight to end the easement? You can with a legal professional’s help.
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)
Try to resolve these issues with your neighbor on your own first. But oftentimes, neighbors do not care to make any changes. If you find this is the case, then you must get your real estate law lawyer involved to resolve the problem.
Both landlords and tenants have a wide range of protective rights important for each party to 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
If parties infringe on these rights and the landlord refuses to make changes, then the tenant can sue for damages with an attorney’s help.
Landlords have rights that protect their investment. For example, landlords have the right to enforce lease terms, and if a tenant ever violates the lease, the property owner has the right to evict the tenant. However, the landlord must follow the state’s most recent eviction laws, which is why working with an eviction lawyer is essential.
Work With an Experienced Local Real Estate Law Lawyer
If you need real estate legal help, then work with an attorney who specializes in real estate law. You need the right representation and the most knowledgeable legal team on your side to protect your rights throughout the legal process.
Request Legal Help can connect you with an experienced real estate lawyer no matter what your needs are. All you need to do is complete the form on our website and we can find lawyers near you who focus on real estate. If you have any questions, submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!