Buying or selling a home is probably the most significant financial transaction that anyone undertakes in their lifetime. While this can be an exciting time, without the proper legal guidance, the process can be frustrating, overwhelming and more expensive than necessary. Even if there are no obvious disagreements between the Buyer and Seller it is advisable for each party to enter into real estate transactions with their own attorney who can help steer them away from common pitfalls and make the transaction an enjoyable experience.
We represent Buyers, Sellers and Financial Institutions from drafting a Purchase and Sale Contract through obtaining the final Title Insurance Policy.
We offer our clients broad-based real estate legal advice and representation in the following transactions:
- Real Estate Sales Transactions
- Construction Contracts
- Mortgage-Based Financing Transactions
- Eminent Domain/Condemnation
In addition to real estate transactions, we assist with the following residential and commercial real estate issues:
- Land use
- Permit appeals
- Breach of contract
- Buyer-seller disputes
- Landlord-tenant disputes
Real Estate Litigation
The process of buying, selling or developing real property is one of the most complex areas of the law as they involve old common law and modern secured transactions as well as lending regulations. If you are a buyer, seller or land developer embroiled in a real estate dispute or would like to take precautions to avoid conflict, our real estate litigation attorneys can work with you to ensure your money and property rights are adequately protected against adverse parties and claims.
On paper, purchasing real estate seems like a relatively straightforward transaction: make an offer, wait for acceptance, draft a contract, settle the deal and exchange the money. However, each step of the purchase process represents a potential point of disagreement or misunderstanding. Our real estate litigation attorneys are adept at handling any problems that arise in the sale or purchase of a home, including:
- Disputes occurring in the drafting and execution of a purchase contract;
- Handling a rescission or misrepresentation by the buyer or seller;
- Problems with the title or survey;
- State and local regulations, including compliance with zoning ordinances;
- Issues with a mortgage lender;
- Disagreements involving new home construction and implied or express warranties.
Whether you are a seller with misgivings about the purchase contract, a buyer with questions about title or a developer in a dispute with your current residents, working with a real estate litigation attorney is the best way to avoid and overcome conflict in a cost-effective manner.
In the context of residential real estate, our attorneys can handle even the most unusual of problems. For instance, some buyers have run into complications with government entities over land use, requiring a land use appeal. Instead of facing the land use appeals board on your own, an attorney can present your case and argue why your planned development or historical designation is within the municipal zoning laws.
We are similarly skilled in reviewing the results of a title search and taking appropriate action to clear clouds on your title. A cloud on a title is a term referring to a potential claim or land interest by another party, which can result in the inability of a buyer or seller to settle the purchase contract. More specifically, banks and lending institutions will generally not lend money for the purchase of a home if there appears to be an apparent cloud on the title. By working with a real estate litigation attorney, you can avoid or settle problems with adverse possessors, agricultural tenants or creditors with judgments attached to the land.
In order to escape the many lurking pitfalls inherent in real estate transactions, we encourage you to contact our real estate firm for more information or to schedule a consultation.