Many people make the mistake of forgetting that real estate transactions are a legal process. You might hire an attorney to handle your criminal charges. You also might hire an attorney to review your business contract. Yet, many people choose not to hire a business attorney when it comes to real estate. That is unless a legal dispute occurs and then you are left scrambling for the right business litigation attorney. There are actually many legal issues that can come up in the real estate industry.
A house deed that is not free and clear
You went through the necessary process of purchasing a house. You worked with a licensed real estate agent. You found a house that was within your budget. You scheduled an inspection and appraisal and both passed with flying colors. You attended the closing and signed all of the necessary lines. Yet, a couple months later, you receive notice that the house is not actually yours. The seller held a real estate deed that was not free and clear and actually, they were not legally allowed to sell it to you. It some cases, you might be protected from the purchase. However, you are not protected from the costs associated with your purchase and the move. A business litigation real estate attorney can be useful in this type of situation.
Property line disputes
Another common legal problem when it comes to real estate is property line disputes. One homeowner wants to install a link fence on an area that you are sure is your property. You could order a land assessment, but this can be expensive and takes time. In the meantime, your neighbor who is sure that it is his property has already begun the installation process. Again, you would need the services of a business litigation real estate attorney.
Real estate contract disputes
Legal problems can also arise during the rental process. Even fewer renters consider the services of a business lawyer. They sign the contract without carefully reviewing it, assuming it is a generic landlord contract. Problems arise, however, when it comes time to extend the lease, sell the property, or request a security deposit back. This is where disagreements arise and the contract comes into question. For example, Nevada law states that a landlord can charge up to three month?s rent for a security deposit. However, the specifics of when the landlord is allowed to keep the security deposit is not as clear.
Also in Nevada, tenants can sue landlords in small claims court for the return of a security deposit, up to a dollar amount of $7,000. There are also laws surrounding eviction timelines and remittance of rent payment. For a breach of contract claim, the plaintiff must prove four things, an enforceable contract was formed, the plaintiff?s performance of the contract, the defendant?s breach, and the damages of that breach. In order to evaluate each aspect of the contract breach, it can be useful to have a business litigation real estate attorney.
Unfair rental practices
The government mandates fair housing for all. This means that a landlord cannot decline to house based on gender, age, or familial status. There might be other characteristics included, depending on the location. If a potential renter feels that they were declined based on these unfair rental practices, they can work with a real estate attorney to sue for damages. It is even possible that the ruling could require the landlord to rent the property.
Real estate attorneys handle all legal aspects in the housing industry. They deal with both mortgages and rental agreements. Because a contract is present in both types of housing deals, it is extremely useful to work with a business litigation real estate attorney. Protect your residence and make sure you are getting the best deal.