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If you have purchased or are thinking about purchasing real estate property, whether it be a home, commercial building or land, you may want to consult with a real estate lawyer in order to protect yourself from any unforeseen liabilities that might be attached to the property. Below are some of the different areas of focus that real estate attorneys can handle.
Commercial Real Estate
Commercial real estate law is a category of real estate law that establishes standards for commercial leases and the purchase and sale of commercial real estate. Commercial lease lawyers who are familiar with commercial lease terms can help you review potential lease contracts and avoid future pitfalls.
Condominiums and Cooperatives
Both condominiums and cooperatives are types of "common-interest" communities. In the case of condominiums, owners are usually governed by a CC & R; (Conditions, Convents, & Restrictions) document. Violators can be fined, and defenders against violation accusations may find it valuable to speak to practiced CC & R lawyers.
Construction Disputes
Construction disputes are common in the construction industry, and many of them revolve around construction delays. Because the debate over delays can be tense and time-consuming, construction dispute mediation can be a great, cheap alternative to litigation. Real estate lawyers can also serve where mediation has failed.
Landlord and Tenant
Landlord and tenant law is at the foundation of many real estate transactions, including eviction, lease signing, subletting, and more. It is difficult to be a successful landlord in any situation, but familiarizing yourself with real estate law gives you firm ground to stand on should a dispute arise. A good grip on the law is important for tenants as well. Renters should review our "What Every Tenant Needs to Know" article to get started.
Mortgages
Mortgages are liens that are put on your property by a bank or financial institution, usually in exchange for a large loan. There are several types of mortgages currently available to homeowners, and choosing the right one for your situation is one way of avoiding foreclosure that can occur later on. Speaking to real estate lawyers is the first step to staying on top of your mortgage.
Purchase and Sale of Residence
The purchase and sale of a residence or home can be done completely on your own, but is more often executed through an experienced broker or agent. While a broker can make the sale of your house much easier, it also brings contracts and commissions into the mix. If you decide to sell through an agent, real estate lawyers can review your contract with them before it is signed.
Title and Boundary Disputes
Title and boundary disputes center on issues of property ownership: who owns a property and where are that property's boundaries? Agreed boundary lawyers can assist you if the public record of your property's boundaries differs from the boundaries agreed upon with your neighbor. In fact, if you treat a certain line as a boundary line long enough, it may legally become the property's boundary line under acquiescence to a boundary line laws.
Zoning, Planning, and Land Use
Zoning, planning, and land use laws give local governments control over the way that land is used—usually with the goal of creating uniform neighborhoods and areas. Zoning laws can be very complex, and many types of zoning exist to regulate building. The violation of zoning laws can be a serious (and expensive) offense, and those accused of violating zoning laws should speak with local real estate lawyers in their area.
