Divorce and Custody: Q & A
December 13, 2015

What is Real Estate Law?

Real estate transactions are governed by federal statutes, as well as state statutory and common law. Real estate law encompasses these state a statutes and laws, as well as property law matters. Real estate law includes a wide variety of legal issues relating to acquiring, financing, developing, managing, constructing, leasing and selling commercial and residential property of all kinds, including:

  • Real estate transactions relating to representation, litigation, consultation and negotiation of mortgages, mortgage re-financing, reverse mortgages, 1031 tax-deferred exchanges, residential purchase and sale agreements, commercial purchase and sale agreements, residential leases, and commercial leases (e.g., office, medical building, restaurant, industrial property, or shopping center).
  • Real estate disputes, including disputes over adverse possession, prescriptive easements, eminent domain, condemnation, property taxes, title and boundaries, views, trees, branches, party walls, fences, as well as nuisance, trespass and encroachment, as well as sale disputes (e.g., breach of contract, specific performance, non-disclosure, fraud or misrepresentation).
  • Real estate broker issues, including claims against and defense of real estate brokers and agents including negligence, fraud/misrepresentation, breach of fiduciary duty, disclosure obligations.
  • Construction defects and mechanic’s liens, including disputes that owners, builders and contractors may have in regard to construction disputes, construction defects and claims, as well as construction accident claims.
  • Land use and zoning matters, including representation of property owners before governmental entities (cities, counties, zoning boards, design review boards) relating to land use applications, permits variances, zoning exceptions, design review approvals, and special use permits, as well as common interest communities, including interpretation and enforcement of Covenants and Conditions & Restrictions (CC&R’s).

Should I hire a Real Estate Attorney?

There are many reasons to hire a real estate attorney for your real estate needs.  A qualified real estate attorney can protect you from costly mistakes, errors in the documents, errors in the figures and other problems that could lead to litigation or other expensive legal action. An experienced attorney can also help you keep your property out of probate court by setting up a living trust for you to pass your property directly to your intended heirs.

Real estate attorneys also represent and assist business entities in a variety of commercial real estate issues including real estate investment opportunities, acquisitions and sales, real estate construction and development, farm and ranch acquisitions and sales, leasing, landlord/tenant matters, land use, zoning, eminent domain, financing, refinancing, mortgages and foreclosures, and other commercial real estate matters.

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