There are many situations where you may find that you need a real estate attorney. In this article, we’ll go over some of the most common reasons that clients seek out attorneys for this purpose.
One common reason someone may decide to retain with a law firm is with what’s called a partition action. When there is a trust and say, 2 siblings both own part of the property but one wants to sell, and the other does not, that is when a law firm comes in on your behalf and decides how to process this.
Typically what happens is the property is sold and each party receives their fair share out of the proceeds. However, since this is the type of process where each party may feel they are not accurately represented, this is why a law firm is generally hired.
Another legal need a real estate attorney can help you with is to get a deed transferred. There are many reasons this may need to occur, but a lot of times it happens when a property is being transferred to another family member.
There are many things that can go wrong, and a lot of legal pitfalls you could potentially fall into, this is what an experienced real estate attorney can help you mitigate. Deed transfers need to be processed by a solid legal team to make sure no mistakes occur.
Many disagreements can arise when a property is being bought or sold. One common problem we see a lot of the time is the failure to disclose cases. This is when one party, most commonly a seller does not let a buyer know about potential damages, and so the buyer feels duped and as they have unfairly incurred costs.
Other ones we see are trees or roads that are built on property lines when they should not be. This is similar and known as a boundary dispute. We look at all the details and see what is going on and how we can help.
Another issue is when people feel they were wronged by a real estate agent. A lot of times, crooked agents will try to push a deal through just to get it sold. When this happens, one party ends up being hurt, and that is the party that decides to retain with us.
Brokers have to stay in compliance and there are rigid guidelines that must be followed, if they are not you have recourse. We know how to get favorable outcomes for situations such as these. There are regulations that must be followed, and we will help enforce these regulations.
Many people need estate plans set up for them and come to us for that purpose. Most commonly we set up a lot of trusts and wills for people and help them get their estate in order. We like to set up estates for people and get them set up.
What you don’t want to happen is not plan your estate at all, and then end up having to go to probate court. This is where the state decides what to do with your assets and how to distribute them to your heirs based on state law.
Another situation we run into often is people needing to form businesses, transfer them to different states, dissolve them with partners, or many other nuanced things.
While you can always set up your own business or use a website, for more complex business formation issues, you definitely want to go with an attorney. We have handled thousands of these types of cases for our clients.
In real estate, there are many times when a contract is breached and one party is disobeying the law. There are many issues with breaches and it is a much more common problem than you think.
We will get out our magnifying glasses and take a deep look at the specifics of your case. We have seen all manner of breaches and know how to solve them.
A real estate attorney can also help to represent you instead of an agent in selling a home. Many people are not aware of this, and they end up paying a much larger commission to the agent, rather than around 1-2% that you would pay an attorney.
So, as you can see there are many situations where you may have the need to hire an attorney. This is by no means a comprehensive article, and there are many more times that our clients hire us. Feel free to reach out and contact us.