Let a residential real estate lawyer guide you through these unexpected challenges.
Whether you’re buying a new property or already own one, you may find yourself needing a residential real estate lawyer to help resolve a situation. While real estate cases are common, they’re also challenging to navigate without legal guidance. Here are some of the most unexpected circumstances that may require legal assistance:
There Is a Lien on the Property
One of the most common reasons real estate deals fail is because there is a lien on the property. Unfortunately, some properties have one or more liens on the title. The buyer must clear these liens if they want to purchase the home. A lawyer can help you find out more about a specific lien, and in some instances, they may get it revoked. If this isn’t possible, your lawyer will work to negotiate a deal with the seller so that you’re not responsible for repaying the lien.
There Is an Easement Dispute
Most real estate properties have easements. However, in some instances, disputes arise over a property easement. This is often the case with neighbors. One neighbor may feel they own part of your property and try to claim it as their own. If you think a neighbor is illegally trespassing or using your property, you may need a lawyer you help settle this dispute.
There Is Failure to Disclose
When you purchase a home, the seller must disclose any known problems. For example, if the basement is full of mold, they must let you know in writing. If they don’t disclose this information before closing, they knowingly broke the law. You may file a lawsuit to seek monetary compensation for any damages you incurred as a result. In some cases, failing to disclose a defect may void the entire contract.
There Is Damage to the Property
When a buyer purchases a home, they don’t expect the seller to damage the property purposefully; however, this is sometimes an unexpected reality for homebuyers. This usually happens when a bank forecloses on a property and forces the owner out. The owner may destroy the landscape, exterior, or interior of the property. As the buyer, you may choose to seek compensatory damages from the seller. A real estate attorney will lead you through the litigation process.
There Is a Zoning Dispute
Zoning issues are common. For example, an investor may choose to purchase a property for commercial purposes. However, if the zoning isn’t for commercial use, this is a direct violation. They may attempt to get permits to allow them to use the property in this manner. Nearby residents may choose to bring litigation against the investor to prevent this from happening. If you’re dealing with a situation like this, it’s best to hire an attorney who can navigate through all the zoning loopholes.
Homeowners and buyers cannot always prevent real estate problems. If an issue arises, it’s time to find an attorney for legal advice. Find out what you need to know about hiring a residential real estate lawyer by calling the Wilbanks Law Firm, P.C. at (706) 335-2355.