When people think of buying or selling a home, as well as the many other topics covered by real estate law, they may not think of hiring an attorney initially. Perhaps they decide to handle the process on their own, learning the ins and outs from what they read on the Internet or hear by word of mouth. However, attorneys can be extremely helpful during this long and tedious process, depending on the circumstances surrounding your case. Owning a home or land or obtaining a landlord and wanting to understand your rights may be some of the most significant events that have ever happened to you and your family, and you will want to understand the laws regarding certain topics that you may have not even considered until now.
Real estate law may consider important things such as contracts and commitments that you may not understand without the help from an experienced attorney. Consider a home purchase and all the aspects involved in the process. Negotiations will be conducted through a broker when a potential buyer is found, which leads to an informal agreement. They will then enter into a formal contract and the process will start up from there. For the end result, the property is transferred from the seller to the buyer and the seller will receive the purchase price bargained for in the contract. Without an attorney through this process, there may be huge consequences. There may be many legalities surrounding this type of law, even more than when you buy a car that does not work to your specifications. A house is a huge deal and you may need more help than you had previously thought before you dove into the process.
So let’s say that your negotiations are uncomplicated and you feel as if an attorney may be unnecessary for your real estate matters – then you may still need an attorney for other aspects of the process. For instance, the buyer and seller may need to consult an attorney for the sake of answering very important questions that they do not understand. For instance, do you understand the tax consequences of the transaction? This may be something of critical importance that you were not sure of before you spoke with an attorney. If the seller is making a large profit, the income tax may need to be considered. An attorney can advise for or against certain matters and make life easier for both sides involved.
Real estate law does not simply confine to the rules of buying and selling a house. No, consider somebody who wants to evaluate the condition of a home well before they even consider buying, as a precaution of sorts. An attorney can be useful in this process as well. They will be able to work alongside you to make sure that you get lined up with the necessary help you need to conduct a home screening and find out if this is the home for you. Because, as you know, anything could be wrong with a home under the surface. You may run into issues that the seller did not tell you about, such as bad plumbing and cracks that will lead to nasty financial issues down the road that you could have never imagined prior. Considering these things will guide you and your attorney into the process of being able to make an offer on a home that you love.
You may also find that a real estate attorney can be particularly useful if you are renting from a landlord or looking to find the perfect tenant as a landlord. There are many legalities involved with renting that may come as a surprise to you, as it seems very cut and dry on the surface. Both parties involved in landlord law must be aware of renting out a place, how to collect or pay security deposits, the basics of fair housing, and so much more. A landlord may need guidance on how to work out tax deductions or make a determination on the best way to evict a non-paying tenant without getting in trouble with the law. Tenants may need to become aware of what rights they have to safety, the return of a security deposit, and whether or not they are permitted to sublet. Attorneys can be particularly helpful as it pertains to lease agreements and the basic legal parameters that regard these laws. Lease agreements may be a bit complicated and focus on huge issues like the details regarding the people who are going to live there, the amount of rent and when it must be paid, the amount of a security deposit, and personal issues such as whether or not pets will be permitted on the property.
Land use laws come into play as it pertains to real estate laws as well. These are sometimes complex laws regarding the use and possession of land itself and whether or not you will be permitted to use the land if you are somebody who does not legally own or possess it. It also pertains to land that is technically owned by the government and you need help making a determination on what you are permitted to do with it and when it is time to leave the land alone. Zoning laws may come into play as well, or a series of laws that focus on what various places in a town or city are “zoned” for, such as apartments, offices, and retail shops along a town center. Zoning regulations are always changing in cities and counties, which is why an attorney can be the utmost of help in making determinations for you and helping you stay out of legal trouble.
Yes, real estate law covers many interesting topics that may be beneficial to your future lifestyle, which is why an attorney can be extremely helpful to you. An attorney can guide you not just in landlord laws and the process of buying a home, but also in title searches and exceptions to things that you must be aware of. At The Law Offices of Julia Sylva, we focus on all of these laws pertaining to real estate and can offer you help with every topic necessary. Call us today for more information.