3 Common Real Estate Dispute (and How to Fix Them!)

real estate disputeReal estate disputes can be extremely complicated, as any California real estate lawyer will tell you. That’s why working with a real estate lawyer who can help untangle some of these issues is an absolute must for just about any type of property dispute. Whether you’re buying or selling, a tenant or a landlord, consult with a lawyer before making any major decisions.

While some people might hope to resolve property disputes on their own, this is rarely a practical solution. That’s because real estate disputes are usually civil matters. Unlike criminal violations, which are handled by police officers, prosecutors, and judges, it can be difficult-bordering-on-impossible to resolve a civil dispute without legal representation. Here are a few of the most common real estate disputes you should look out for — and some advice for resolving them.

Issues With Real Estate Contracts
After you’ve entered into a purchase contract, the contract should include a specific closing date (or number of days before closing). Between four and ten weeks is the average, although it can vary from state to state. Of course, that also assumes the paperwork was filled out correctly.

Unfortunately, there are plenty of discrepancies that can cause problems before closing. Here in California, for example, the Statute of Frauds requires at least three types of contracts to be filled out in writing: disclosure of any leases older than one year, commission agreements and real estate licenses, and the actual sale contracts of the property. If there are any issues regarding any of those documents, the sale could be in jeopardy.

It’s essential that your real estate lawyer is with you during these contract discussions and always with you if you’re actually signing any legally binding document. If a contract mistake has put your desired closing date in jeopardy, talk to your real estate lawyers about rectifying the issue as quickly as possible.

The Value of Property Is Being Challenged
In real estate deals, it’s fairly common for the value of the property to be questioned. Of course, you need to make sure this valuation is being done in good faith, not simply as a negotiating tactic. Be sure that you and any other party involved with the sale have all the necessary records on hand during negotiations. Sadly, you usually can’t just ask for a lower price because you aren’t happy with the asking price. Remember: Any request to lower the value of a property must be completely backed up by evidence. No matter which side of the dispute you’re on, your real estate lawyer should help you identify any documents, records, or evidence you need to verify the value of the property.

Disagreements Between Tenants and Landlords
Problems between landlords and tenants are a fact of life, and tenant residency is a major aspect of real estate law. Most states have very clear laws about the various rights of tenants and landlords, but these rules can be difficult for many people to understand. Often, tenants are pressured into giving up their legal rights. If you have a landlord that’s ignoring your rights as a tenant, then contact a real estate lawyer as soon as possible. They can make sure you have all the paperwork necessary to build your case against your landlord.

While real estate disputes are rarely simple, they can be especially complicated here in California, a state with a rather unique legal system. Before making any decisions you might come to regret, contact a real estate law firm to better understand both your options and your rights.

3 Common Real Estate Contract Mistakes You Should Avoid

real estate law firmIn California, it takes roughly 40 days to close on a house. Although 40 days is a reasonable amount of time to close on a piece of property, real estate contracts can often be so complicated that the final sale takes much longer to complete. That’s why it’s so important to contact a real estate law firm in the event of a contracting dispute.

These real estate law cases can be extremely difficult and real estate law firms will provide you with an experienced attorney that can help you throughout the entire process. Here are a few real estate contract mistakes that are commonly made that can impact the closing date and the entire property sale.

Not Have Everything In Writing
Even if you have a thorough, detailed conversation going over every aspect of the contract and verbally agreeing with each person involved in the sale, nothing will hold up in court if it’s not in writing. This is the case for just about every single transaction in the United States: get it in writing. Don’t just write vague details pertaining to the agreement, either. You should write down as much as possible and spell out all the complicated intricacies involved in the real estate contract.

Not Including a Possession Agreement
Having a specific possession due on sale clause is extremely important for real estate contracts. Because the seller might be willing to sell the property but not be prepared to actually relocate within the allotted time frame, there could be serious issues that arise if both parties are expecting to live in the same house at the same time. To avoid these complicated problems, however, simply add a possession agreement to your contract. In addition, if you’re the buyer, you should consider insurance and liability aspects involved with the possession of the property as well so the seller can’t sue if any injuries occur while moving.

No Prior Discussions Between All Parties Involved
If you aren’t meeting beforehand with all real estate agents, buyers, and sellers who are involved in the contract, you could end up being surprised by a certain detail within the actual contract. Rather than having any major surprises come up during the contract singing process, be as transparent as possible with everyone involved in the sale so everyone feels heard and all the information is out there.

If you want to learn more about what contract mistakes you should avoid when dealing with property sales, contact a real estate law firm you can trust. Contact DiJulio Law Group toady.

3 Crucial Reasons to Have a Home Inspection Performed Before Buying or Selling

failure to disclose defectsSearching for a new home can be a long journey, and it’s no secret that coming to the end of that journey can be a time filled with excitement. But getting caught up in that excitement can make you forget to take the necessary precautions when you’re looking at the house you want to purchase.

If you’re really set on purchasing a home, you absolutely need to take measures to ensure it’s safe for you to move into. That’s where home inspections come in. Sometimes there is a failure to disclose defects in a home, and here are three crucial reasons you need to have an inspection performed before you buy your new home or sell your old one.

Saving Money in the Long Run
The initial cost of an inspection may seem a little bit steep, but it’s well worth it in the end. The cost will vary based on the size of the house, but between $300 and $500 is a good estimate. If these inspections aren’t done, issues with the house might crop up later and end up costing you thousands in repairs and in real estate law firm fees.

Selling a Home
Getting involved in a real estate dispute is the last thing you want when you’re selling your home. According to the National Association of Realtors, 77% of homebuyers will have an inspection performed before they make their purchase. In order to avoid any issues after beginning the selling process, a home inspection should be completed before your house ever goes on the market. This way, you can spend time remedying any issues that need to be immediately fixed for the next owners of your home.

Sound Knowledge of a Home
Having sound knowledge of a home before you purchase or sell it is absolutely essential. You could contact a real estate lawyer if you have any issues or if there was a failure to disclose defects, but a home inspection can solve all of those problems before they even become problems to begin with.

Whether you’re on the hunt for a new home or you’re planning to sell the one you own now, don’t ever underestimate the benefits of a home inspection.

3 Topics to Discuss With Your Real Estate Lawyer

zoning restrictionWorking with a professional real estate lawyer is essential when it comes to purchasing property. You don’t want to go into a purchasing agreement without proper knowledge of real estate law. Here are three important things you should discuss with your real estate lawyer prior to signing any property deals.

Go over any zoning restrictions for the property in question
Unless you went to school and studied real estate law in the state you’re purchasing property in, you should probably seek professional help. There are so many minuscule zoning restriction errors that can be made, which would end up causing further expensive real estate issues down the line. Consulting with a professional real estate lawyer who’s aware of specific zoning restrictions and other building code violations can ensure that you’re not making any property purchasing mistakes.

Find out every detail about the desired property
You might find a home that seems absolutely perfect from the untrained eye, but after consulting with a real estate professional and conducting a few thorough inspections, any property issues will come to the surface. California law, for example, requires all real estate agents to disclose information about any death that occurred on a specific property within three years of the sale. You should always find out more information, though, and your real estate lawyer can help you identify any other problems associated with that property.

Figure out an estimated timeline of when everything will be complete
One of the most stressful aspects of buying a home is not knowing when you’ll actually be able to settle into your new place. You and your family might have all your items in storage as you wait for the purchasing contract to finalize. You might have to spend a few nights in a hotel or a family member’s place, and you could have problems with work if you’re moving for a new job. To avoid all these problems, try and figure out exactly when the move will be final and you and your family can move in. You should specify a closing date on your real estate contract and be sure it’s legally enforced. Your real estate lawyer can help.

If you are in need of real estate law services, don’t try and handle property deals yourself. Contact DLG Law Group today.

Get Expert Real Estate Legal Advice From an Experienced Real Estate Attorney

property lawIf you’re thinking about purchasing or renting a new home or apartment but are wary of real estate laws, or you’re facing other issues regarding property law, you may want to get in touch with a real estate lawyer for assistance. Real estate lawyers can help with all aspects of property law, including handling contracts and transfers, reviewing the results of a home inspection, handling deeds, and arguing eviction or foreclosures on your behalf. Each state has different real estate laws that need to be taken into consideration and having an attorney on your side can often make all the difference. They can help you look over real estate contracts, a homeowners association lease agreement, and so much more before you sign on the dotted line.

What You Should Know About Your Property Rights in California

Before Buying the Home

  • Real estate agents are required by law to let potential homebuyers know about any deaths that have occurred on the property in the last three years before the sale.
  • You’ll need three kinds of contracts in writing, per the Statute of Frauds in California. These contracts are any leases spanning more than a year, commission agreements between the principals and the real estate licensees, and contracts for the sale. Retaining a real estate attorney to look over these documents is certainly advised.

In the Process of Selling the Home

  • Almost 80% of homebuyers will want to have an inspection done before officially completing the purchase, according to the National Association of Realtors. To make your life easier (and to avoid any terrible surprises that could impact or delay the sale of your home), you should conduct an inspection and do any necessary repairs before you put your home for sale. Having a property lawyer review the results can put you in a good position to negotiate the purchase.
  • Legally, you will need an Escrow agent to help with the sale, obtain a title company, and may be required to pay for the title company insurance. Having a lawyer well-versed in property law to oversee all of these proceedings is often very helpful to a homeowner during this time.

Why You Need a Real Estate Attorney

A real estate attorney will make sure that nothing falls through the cracks and that you’re getting the best terms possible. For example, once you’ve started a purchase contract, the length of time it takes for the sale will depend on this contract. It should have a specific closing date or number days before it closes. The average time is four to ten weeks, though this can vary, depending on what state you live in. A real estate attorney can offer advice on the best timeframe and make sure your contract protects you.

If, for some reason, the other party should back out of the sale, your attorney can help you pursue arbitration, mediation, or a lawsuit, depending on the terms and situation. Having a property lawyer already on hand eliminates the frantic scramble to find one, should an emergency situation arise.

A real estate attorney can also review deeds, help with closing, and disputes involving Escrow deposits or taxes. Furthermore, they can more generally assist the client with understanding the terms and concepts involved in real estate transactions. Having someone who “speaks the language” can make the process less intimidating for many clients and will help them understand precisely what is being discussed and agreed to.

If you find yourself needing real estate law services in Los Angeles, come look us up. Our attorneys speak several different languages in addition to English, including Spanish, Chinese (both Mandarin and Cantonese), Arabic, Lebanese, Armenian, Farsi, and Italian. We’re a small firm who can pay your case personal attention, regardless of whether it’s straightforward or a more intricate matter.

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