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Real estate transactions are governed by federal statutes, as well as state statutory and common law. Real estate law encompasses these state a statutes and laws, as well as property law matters. Real estate law includes a wide variety of legal issues relating to acquiring, financing, developing, managing, constructing, leasing and selling commercial and residential real property of all kinds, including:
Real estate transactions relating to representation, litigation, consultation and negotiation of mortgages, mortgage re-financing, reverse mortgages, residential purchase and sale agreements, commercial purchase and sale agreements
Real estate disputes, including disputes over adverse possession, eminent domain, condemnation, property taxes, title and boundaries, views, trees, branches, party walls, fences, as well as nuisance, trespass and encroachment, as well as sale disputes (e.g., breach of contract, specific performance, non-disclosure, fraud or misrepresentation).
Real estate broker issues, including claims against and defense of real estate brokers and agents including negligence, fraud/misrepresentation, breach of fiduciary duty, disclosure obligations.
Construction defects and mechanic's liens, including disputes that owners, builders and contractors may have in regard to construction disputes, construction defects and claims, as well as construction accident claims.
Land use and zoning matters, including representation of property owners before governmental entities (cities, counties, zoning boards, design review boards) relating to land use applications, permits variances, zoning exceptions, design review approvals, and special use permits, as well as common interest communities, including interpretation and enforcement of Covenants and Conditions & Restrictions (CC&R's).
Title insurance is insurance against loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens. It is available in many countries but it is mostly sold in the United States. It is there to protect an owner's or lender's financial interest in real property against loss due to title defects, liens or other matters. It will defend against a lawsuit attacking the title as it is insured,
or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy.
When a mortgage on real property is unpaid, creditors have a right to
collect the debt when that mortgage goes into default. A foreclosure is
a way to exercise that right by selling the property at a sheriff’s
sale. The foreclosure process is very complicated and time consuming.
There are many rules and regulations involved in exercising creditor’s
rights and disposing of the property afterward.
The final stage in the purchase of real estate is called closing or "settlement." This sometimes complex procedure occurs when the parties submit the final documents required to complete the sale according to terms of the purchase and sale agreement. Money and documents are usually exchanged at the time of closing, and the function may be attended by the parties and their lawyers.
There are many reasons to hire a real estate attorney for your real estate needs. You do not necessarily have to be involved with any litigation to benefit from a qualified real estate attorney's counsel and assistance in a variety of matters including a real estate closing where a real estate attorney can protect you from costly mistakes, errors in the documents, errors in the figures and other problems that could lead to litigation
or other expensive legal action.
Real estate attorneys also represent and assist business entities in a variety of commercial real estate issues including real estate investment opportunities, acquisitions and sales, real estate construction and development, farm and ranch acquisitions and sales, leasing, landlord/tenant matters, land use, zoning, eminent domain, financing, refinancing, mortgages and foreclosures, and other commercial real estate matters.
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