The Basic Principles of Protecting Your Property Investments During Litigation
The procedure for purchasing, selling or developing real property is one of the most complicated areas of the law as they involve financing regulations and modern secured transactions in addition to old common law.
On paper, purchasing real estate seems like a trade that is relatively straightforward: settle the deal, wait for endorsement, draft a contract, make an offer and change the money. Nonetheless, each measure of the purchase process represents a potential point of disagreement or misunderstanding. Our property litigation attorneys are adept at handling any issues that appear in the sale or purchase of a home, including:
Disputes happening in the drafting and execution of a purchase contract;
Handling misrepresentation or a rescission by seller or the buyer;
Issues with the title or survey;
Problems using a mortgage lender;
Disagreements affecting implied or express warranties and new home construction.
Whether you are a buyer with questions about name a seller with misgivings about the purchase contract or a developer in a dispute with your present residents, working with a property litigation lawyer is the simplest way to avoid and overcome disagreement in a cost-effective manner.
In the circumstance of residential property, our lawyers can manage even the most unusual of issues. For example, some buyers have run into complications with administration entities over land use, requiring a land use appeal. Rather than facing the land use appeals board by yourself, your case can be presented by legal counsel and assert historic designation or your planned development is within the municipal zoning laws.
We are likewise proficient in taking appropriate action to clear clouds on your own title and reviewing the outcomes of a title search. A cloud on a name is a term referring to a potential claim or land interest by another party, which can lead to the inability of a buyer or seller to settle the purchase contract. More specifically, lending institutions and banks will typically not lend money for the purchase of a house if there appears to be an apparent cloud on the name. By dealing with a real estate litigationattorney, you can prevent or settle issues with judgments attached to the acreage with agricultural tenants, adverse possessors or lenders.
As a way to escape the many lurking pitfalls inherent in real estate transactions, we encourage you to contact our property business to learn more or to schedule a consultation.