Marketplace and Quality Assurance Presentation - Vincent Chirchir
Top Real Estate Attorney Issues & When You Should Hire One
1. Top Real Estate Attorney Issues & When
You Should Hire One
In this article we will discuss the common problems that real
estate attorneys can help you with. If you have any of these
issues or needs, you should strongly consider hiring a real
estate lawyer.
Failure to Disclose:
In real estate law, the term “failure to disclose” refers to a
party’s refusal to disclose critical information about a property
to a buyer. Full disclosure is required in real estate transactions
because some property flaws can significantly reduce a
residential or commercial building’s market value. The
disclosure also ensures that all parties enter into the
transaction on an equal footing and complete knowledge of the
property’s actual condition.
It’s essential for property buyers to understand that state law
requires sellers to make a number of disclosures. In many cases,
sellers will make these disclosures after a property inspection
has taken place. Disclosures can still be made after a buyer has
made an offer. They must be made before the signing of a
contract.
If not handled properly, real estate contract disputes can lead
to lengthy court battles. At Attorneys Real Estate, we help our
clients by providing various options for resolving such conflicts.
In some cases, an attorney may advise their client to use
arbitration to resolve real estate contract disputes. Using the
arbitration process, you will be able to steer clear of going to
court. You’ll instead work with a trained mediator to reach an
agreement with the other contract parties.
2. Contract Disputes:
The terms of a real estate transaction should be followed
carefully, and if they aren’t, a real estate contract dispute can
arise. Some disagreements may include the following, among
other things:
Problems with escrow
Failure to secure funding
Other contingencies are not met
False information about the property
Inspection-related disagreements
Issues with the title
Landlord/Tenant Issues:
In some cases, a landlord-tenant dispute will be so serious that
it will be necessary to pursue legal action to resolves the issue.
Litigation is usually only pursued when one of the parties has
blatantly violated the rights of the other. If a landlord wishes to
evict a tenant for failing to uphold the lease agreement’s terms,
litigation may be required.
During the arbitration process, a landlord and tenant meet with
a mediator to resolve their disagreement. Arbitration is
frequently used when the two parties disagree about whether
a provision of the lease agreement is being followed by one of
the parties. Arbitration can also help reduce tensions between
tenants and landlords who have never had a problem before.
If you or anyone you know is going through any of the legal
issues mentioned in this article. The time may have come to
3. seriously consider hiring a real estate attorney and taking on
legal counsel.
It can be difficult to know if you really do need a real estate
attorney or not. But feel free to give us a call for a
complimentary consultation, which we offer to all our
clients.You do not have to go through the legal process alone.