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Real Estate Law

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Real estate and property law is an extensive legal area, regulated by federal and state statutes, as well as common law. Many aspects of this area overlap with contract law. Real Estate transactions can originate from a letter of intent, an offer, or a written purchase agreement. In practice, David has found clients stuck at various stages of the transfer of ownership or possession of real property. Coming to terms that are agreeable and insuring escrow can close with a good and marketable title are some of the challenging aspects our clients have found themselves stuck in. Whether you require the full services of an attorney from the drafting of a letter of intent through the close of escrow, or you just need an expert to provide a nudge in the process. The law office of David J. Greiner provides services tailored to your goals. Such services include leases, land leases, purchase agreements, deeds of trust, deeds, loan agreements, personal guarantees, escrow instructions, and letters of intent. 

WHAT DO REAL ESTATE LAWYERS DO?

A real estate lawyer is a legal professional who specializes in matters related to property. Real estate lawyers deal with a wide range of topics, including landlord-tenant law, zoning and land use, environmental law, and mortgages. Most real estate lawyers work in private practice, either as solo practitioners or as part of a larger law firm. Some may also work for banks, real estate developers, or title companies. Some real estate lawyers may choose to specialize in a particular area of law, such as commercial real estate or residential real estate. Do I need a real estate lawyer? You are not required to have a lawyer when buying or selling property. However, hiring a lawyer can help you avoid potential legal problems and get the best possible outcome in your transaction. A lawyer can review your purchase contract or lease agreement to make sure it is fair and protect your rights. A lawyer can also help you navigate the complex process of applying for a mortgage or other financing.

DO I NEED A REAL ESTATE LAWYER?

If you are buying or selling a home, you may need a real estate lawyer. A real estate lawyer can help you with contracts, negotiate on your behalf, and represent you in court if necessary. If you are involved in a real estate transaction, it is important to have an experienced real estate lawyer on your side. A real estate lawyer can review your contract to make sure that it is fair and protect your interests. They can also negotiate on your behalf with the other party to try to reach an agreement. If the other party does not agree to your terms, a real estate lawyer can represent you in court. A real estate lawyer can also help you with other matters related to your home, such as drafting a will or creating a trust. If you have any questions about whether or not you need a real estate lawyer, you should consult with one to get advice specific to your situation.

Real Estate Law FAq's

Do I need a lawyer to buy a house?

While not legally required in all cases, consulting a real estate lawyer can offer significant protection and peace of mind during the complex process of buying or selling a house. They can review contracts, ensure title clarity, handle negotiations, and advise on legal intricacies specific to your situation.

What happens if I find problems with the house after closing?

Depending on the nature of the problem and the terms of your purchase agreement, you may have legal recourse against the seller for misrepresentation or failure to disclose. A lawyer can help you navigate the legal options and negotiate fair compensation.

Can I inherit a house without a will?

Intestacy laws determine how property is distributed when someone dies without a will. These laws vary by state, but generally, your spouse, children, and closest relatives inherit in a specific order. Consulting a lawyer can help you understand your inheritance rights and navigate the legal process involved.

What are the tax implications of selling a house?

Capital gains taxes may apply to the profit you make from selling a house. The amount of tax owed depends on various factors like ownership duration, primary residence status, and tax laws specific to your location. Consulting a tax advisor or lawyer can help you minimize your tax liability.

What are my rights as a tenant?

Tenant rights vary depending on your location and the terms of your lease agreement. Generally, landlords have a responsibility to maintain the property in a habitable condition and ensure basic amenities like running water and heating. Tenants have the right to privacy, quiet enjoyment, and to be free from discrimination. A lawyer can advise you on your specific rights and help enforce them if necessary.

Owning a house typically means owning the land and the structure, while owning a condo involves owning your individual unit within a larger building or complex. Condo ownership comes with shared ownership of common areas and adherence to homeowner association (HOA) rules. Understanding these differences and their legal implications is crucial before making a purchase decision.

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