Real Estate Legal Advice: Transactions & Disputes



Real estate law is comprised two general areas – real estate transactions and real estate disputes.

Real Estate Transactions

In many states real estate transactions are completed by a lawyer.  Certainly in those states where you may be buying or selling a home, you will need to hire a real estate lawyer.  In states where agents are used instead, if a transaction is going smoothly, it is likely you will not need a real estate lawyer as the agents are trained to help you buy and sell your home.  If you are having trouble understanding the documents the real estate agent or escrow company is asking you to sign, you should ask a real estate lawyer to help translate them for you.  In addition, if you are considering buying or selling a house without a real estate agent, it is likely worth a few hours of an attorney’s time to go over the documents for the transaction with you.  Real estate purchases are some of the biggest transactions of our lives and it is important to minimize any issues that could arise by doing things wrong.

Aside from buying and selling a home, real estate transactions also include leasing a home or business space.  Many people enter into lease agreements not fully understanding their rights and responsibilities.  If you have any concerns about a lease agreement you have signed or are going to sign, reviewing it with an attorney to help reduce the chances of problems latter is a good idea.

Real Estate Disputes

If you are involved in a real estate dispute such as a lot line disagreement, environmental issues, zoning issues, title claims, neighbor disputes, etc., you will almost certainly need to discuss your situation with a real estate attorney.  These are complex areas of real estate law that will require experienced lawyers who are trained in advocating and negotiating.

Real estate disputes may also arise from a real estate transaction where something went wrong, either with the purchase or sale of the property or with the agreement you had with the real estate agent.  Often time real estate agreements include an arbitration clause.  Arbitration is a less expensive and quicker way to resolve the dispute.  You can contact your local real estate board if you feel arbitration is appropriate in your situation.

If you have an issue with a landlord or tenant or short sales, modifications and foreclosures, those are specific areas of real estate law and you can click on the links to see general information about those issues.

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