Real estate attorneys or a real estate lawyer can be a great help to you in many ways. From commercial or residential property, a lawyer with experience can make a daunting task much easier to manage. How do you find such an attorney, real estate experienced and trained? Do I really need the help of lawyers? Real estate law can be pretty complex and can even be different from state to state. Check out the resources we have made available and ask friends, family and co-workers for referrals as well.
What is Real Estate and Property Law?
Real Estate and Property Law includes a wide amount of topics, such as buying and selling residential or commercial property to residential or commercial leases. Common disputes involve maintenance of condominiums and cooperatives, establishing property title and boundary lines, and zoning and property land use. Real estate and property law also comprises the financing aspects of property, such as mortgages and foreclosures.
How Do I Buy or Sell Property?
Brokers: Buying and selling property is usually done through brokers. Brokers are people who help people find properties, help owners sell property, and help with all the paperwork involved with property transactions.
Disclosure: If you are selling a home, you must be sure to reveal all the property's defects you are aware of, such as structural or electrical problems. This duty is called "disclosure."
Buyer's Duties: A buyer should also inspect the property for defects that the seller is unaware of. Additionally, buyers should check to see if there are any mortgages or liens on the property. This check can be done at the country recorder's office.
For more on buying and selling real estate, see Purchase and Sale of Residence
Duties of the Landlord and Tenant in Residential Property
The landlord owes the tenant several duties, including:
· Habitability: The landlord guarantees the property is habitable,
which means it is in good shape by regularly maintaining the property
and repairing any problems that arise.
· Ordinances: The landlord guarantees the property conforms to
city and state laws.
As a tenant you must:
· Pay rent on time
· Adhere to your lease's restrictions (i.e. no pets, no nuisance,
etc.) Failing to fulfill these duties could result in eviction.
For more information see Landlord-Tenant
Law
Does my Property Have to Conform to Local Zoning Ordinances?
Most localities have a Planning or Zoning committee that regulates
land use. When this committee passes a zoning ordinance, all properties
in the locality must follow them unless one of the following exceptions
applies:
· Variance: You can apply for a variance, which means that your
property would be excused from conforming to the ordinance. The zoning
committee has discretion over whether or not the variance will be granted.
· Non-Conforming Use: New zoning laws do not affect existing
buildings. So a building that predates the new zoning law is a non-conforming
use of the land and does not need to be changed.
For more on zoning see Zoning,
Planning and Land Use
Do I Need a Lawyer for my Real Estate and Property Law Issue?
Real estate and property law can be very complex and frustrating. Laws
not only vary from state to state, but from city to city. An attorney
can make sure that your property transaction conforms to all local laws.
Whether you are a homeowner or just renting, a lawyer can help resolve
your real estate and property law problem. http://www.legalmatch.com/law-library/real-estate-and-property-law.html
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