Buying or Selling a Home can be Difficult; Consult With Real Estate Professionals

property lawBuying and owning a new home can be an exciting time in a person’s life. It can also be an extremely complicated time for some people. Not everyone is knowledgeable on or has experience in property law, which can lead to some confusing issues.

Before you partake in any real estate business decisions, you should consult with a professional real estate law firm that employs real estate attorneys who are experienced. They have been through property law cases. They know how to help.

There is a chance that you and your family do not know anything about buying, selling, or owning property. That is okay. Real estate attorneys can assist you in the process, no matter the situation.

Although contacting and consulting with a professional real estate law firm should be done, there are still a few things that you should keep in mind regarding property buying and property law.

  • Regarding foreclosures, there are regulations put in place that require proper notice to be given to the homeowner before the home is sold in a foreclosure sale.

  • If an eviction ends up reaching the court, a judge will hear it and decide the outcome of the case within 20 days after the tenant or landlord had filed the request to see the case in trial.

  • Once you’ve entered into a purchasing contract with another party, the typical closing date is usually within four to 10 weeks, although it varies depending on the state.

  • According to The National Association of Realtors, about 77% of people purchasing a home have an inspection done before completing the buying purchase. This should be done so that no surprises happen once you’re in the process of moving in or out. It’s recommended to make any repairs during the winter months before the home is listed as well.

  • About one in every 200 homes will be foreclosed upon, and in 2013, one in every 96 homes reported a foreclosure.

There are so many aspects that go into buying, selling, and maintaining property. Consult with experienced real estate attorneys today if you are in need of advice.


Keep These Tips in 4 Mind When Moving From House to House

property developmentMoving from house to house? There are many aspects to keep in mind when moving. You have to be aware of not only your old property that you are selling, but the new property, as well as any issues that may come up. Planning out everything in advance with an experienced real estate professional can help ensure this process to be a seamless transition and will provide you with the care and information you need to begin your new life. Keep these important tips in mind when moving from house to house:

  1. Closing Plan — Closing on a house typically takes around 40 days. It’s important to always have a backup plan if the closing date gets pushed back even further for any number of reasons. Having a place that can be used to store many of your larger items is essential while moving. Discuss temporary living arrangements with family members or hotel clerks.

  3. Purchasing Contract — Once you have entered into a purchasing contract, make sure a closing date has been specified. Within four to 10 weeks is the average but it varies depending on the state.

  5. Property Development — Focusing on property development of your new and old home can help increase the value of your old home, as well as improve your new one. According to the National Association of Realtors, about 77% of all homebuyers have an inspection done before they finish purchasing of the home. Doing this will enable you to prepare for all the maintenance once you actually move in and can help solve any potential problems. If the property owners you are purchasing from are withholding necessary information, there are plenty of personal property law cases that can assist you.

  7. Real Estate Attorney — Consulting with a real estate attorney before, during, and after the home buying process is extremely important. They are professionals who are there to ensure a fair and stress-free buying process. They understand property law and can assist in any home purchasing conflict, no matter the situation.

Consulting with a real estate attorney, having a strategy regarding the closing date, successfully enforcing property development methods, and reviewing the contract can all help the home buying process be as easy as possible for you.


Boundary Disputes 101: What You Need To Know

boundary disputeBoundary disputes are some of the most common problems in real estate law today, and if you’ve encountered a boundary dispute with your neighbor, it’s important to realize that you’re definitely not alone! The best way to approach any boundary dispute is to contact a real estate attorney and discuss the problem at hand, along with possible solutions.

With that in mind, here’s a quick guide about what you should expect during a boundary dispute with your neighbor:

  • Most homebuyers (around 77%) have inspections done on a home before purchasing it in order to identify any necessary repairs — and also to clarify things like boundaries between properties. If you’ve encountered a boundary dispute after purchasing a new home, the problem might really be as simple as a misunderstanding or miscommunication of where one property ends and another begins. It’s important to make sure that you have records of any inspections done prior to the dispute.
  • Many homeowners turn to real estate lawyers who also serve as negotiators/mediators and will work out a solution without taking the case to court (which can be very expensive and time-consuming). You may also consider calling a land surveyor to make an unbiased report on the disputed boundary line.
  • There are few more drastic ways to approach the problem as well, but it’s important to understand that these may not end well unless you have a strong case. You can sue your neighbor for trespassing on your property, for example, but you might end up living next to your enemy after the whole process is over (and no one would be happy in that situation).
  • It’s common for two neighbors to get along well until the issue of property improvements is at stake. Similar to California’s Statute of Frauds regarding three types of contracts, you’ll need to receive official approval (usually in the form of a paper permit) to make certain improvements to your property before beginning construction. Without the prior approval, your neighbors will likely be able to take legal action against you if they decide they aren’t pleased with your new home improvement project (and vice versa).

All in all, you’ll want to make sure that you consider your options before taking a boundary dispute to court. Many real estate lawyers can negotiate a settlement for these disputes which please both parties involved. It’s estimated that around 95% of cases can be handled outside of the courtroom, and a good real estate law firm will be able to help you navigate the process — even if it ends up involving court.

Securing Your Residence: a Rental Agreement

Start your landlord-tenant relationship on a firm footing with a rental agreement

In order to start your landlord-tenant relationship on a firm footing and secure your desired residence, you should have a rental agreement signed by both parties. A rental agreement is basically a contract between a tenant and landlord that governs the terms of use and possession of rental property. Upon finding a suitable location you may want to enter into a long-term rental arrangement that could last 12 months or more. However, you may desire a written rental agreement that is shorter, maybe lasting for a period of 30 days and includes an automatic renewal at the end of the 30 day period. Given the many possible forms of rental agreements, there are many reasons why you may want to consult a qualified attorney.

There are many details to keep track of when you’re renting property and the laws governing rental agreements can vary widely by locality. A correctly worded rental agreement will organize all aspects of your lease arrangement in one document. It will clarify your obligations and protect all your rights.

Before You Sign, Have a Lawyer Review the Rental Agreement

Before you sign a lease or rental agreement, you may want to have a lawyer review it to ensure all the standard clauses and mandatory disclosures are present and properly worded so as not to unlawfully abridge your rights as a tenant. Also, if any disputes arise over a rental agreement, your attorney can help you recover damages in a court of law.

Security deposits frequently cause disputes between landlords and tenants. An attorney can explain the legal requirements regarding security deposits and if any interest owed on a security deposit is to be refunded to the tenant. An attorney can also determine if any interest and/or deposit can be applied to repairs, cleaning fees and back rent owed.

DiJulio Law Group

What is Eminent Domain?

Eminent Domain is the power to legally take your property

Eminent Domain is the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be seized. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process.

Elements of Eminent Domain

To exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be seized (3) for public use (4) and with just compensation. These elements have been interpreted broadly.

Private Property The first element requires that the property taken be private. Private property includes land as well as fixtures, leases, options, stocks, and other items.

Seized The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value. Property value may be reduced because of noise, accessibility problems, or other agents

Public Use The third element, public use, requires that the property taken be used to benefit the public rather than specific individuals.

Just Compensation The fourth element set forth in the Fifth Amendment mandates that the amount of compensation awarded when property is seized or damaged through condemnation must be fair to the public as well as to the property owner. Because no precise formula for determining it exists, just compensation is the subject of frequent litigation.

What should I do if I am the subject of Eminent Domain

You should get experienced legal help immediately. The condemning agencies retain experienced eminent domain professionals, and you should too. Know and protect your rights. The government must pay the highest price paid by knowledgeable buyers on the open market.In most situations you should pay attorney’s fees only if you recover more than the government’s offer.

DiJulio Law Group

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