Let Our Real Estate Attorneys Help You Secure Your Real Estate Assets
Whether you are buying, selling or renting a home or apartment there are a multitude of reasons you need an experienced attorney; at Freers Freers & Freers, we have extensive experience in real estate law and can assist you in dealing with whatever issues may arise.
Buying/Selling/Title
For most people, your home is your most valuable asset, so when buying or selling you need to make sure your interests are protected. It is important to understand that the various people involved in the transaction have very different roles to play. The real estate agent is interested in getting the Buyer and Seller together and completing the sale. The mortgage company is interested in protecting its interest in the transaction and making sure that it has the first lien on the property. You need an experienced real estate attorney to assist you and protect your interest.
It is important that the real estate attorney be contacted at the earliest stage. The attorney should assist in preparing the purchase agreement because once the purchase agreement is signed, it is a binding contract and controls all of the other documents in terms of the transaction. It is therefore important that you consult with an attorney from Freers Freers & Freers because of our experience in real estate law; we can assist you in making sure the agreement that you signed is in your best interest and protects you.
It is also necessary that all documents be reviewed prior to closing especially the title commitment to assure that you have good title. Further, there are issues that have to be resolved such as how the title is going to be held, whether or not you qualify for a homestead exemption, the proper type of insurance on the house, and whether the building use and other restrictions and easements affect what you would like to do with the property.
Owning a home also comes with other problems, for example problems with contractors or home repairs or disputes with utility/cable companies, or problems with your property tax assessments. If your home is not properly assessed you may be paying too much in property taxes. We have represented people in all of these areas before and we can help you too, whatever your home related issue.
Further, there are other liens that can attach to the property such as construction liens, taxes liens and the like, which you need help in resolving in a fair and practicable manner. At Freers Freers & Freers we have extensive experience in resolving these issues and would be happy to help you.
Mortgages/Land Contract
The most common issue with mortgages is foreclosure. This occurs when the mortgage payment has not been made, usually for at least three months, although it could be sooner depending on your mortgage. The mortgage company will then attempt to foreclose, or take the house back. There are many things we can do to help you work with your mortgage company and avoid foreclosure, such as loan modification, short sale, deed in lieu. If you are facing foreclosure you need to act quickly and get help as soon as possible because there are important timelines that must be adhered to. We can help you with all aspects of foreclosure and in some cases help you avoid foreclosure and save your home. Call us today to discuss your situation.
Land contracts face some of the same issues as mortgages. However, when you have a mortgage you still own the home and you grant the mortgage company an interest. In a land contract, seller owns the home and agrees to convey it only upon final payment. The homeowner/seller agrees to take payments over time until the home is paid off at the agreed upon price. Whether you are buying or selling this way you need the assistance of an experienced real estate attorney to make sure that your investment and your rights are protected.
Landlord/Tenant
Landlord/tenant law is very time specific and both the landlord and the tenant must comply with fairly strict guidelines. When facing an eviction or trying to evict a renter, it is important to always be cognizant of timelines. Landlord/tenant law is contractual in nature, whether there is a written lease or not. By law, a written lease is required for time periods for one year or more. A landlord owes a duty to his/her tenant to keep the premises in reasonable repair for the intended purpose. A tenant owes a duty to pay rent. When one of these duties is breached, the parties usually end up in court. However, it is important to speak with an attorney before there is a problem because there are various rules that may limit your recovery if not followed.
For example, if you are a tenant and repairs are not being made, you may need to escrow the rent prior to going to court. If you are a landlord, and you believe there is dangerous and/or illegal activity taking place in a home you own, you may want to try to get your tenant evicted quickly. These are all issues we have addressed and we can help you with. We can also help with leases, it is important to understand any lease that you sign. Leases are essentially the rules that govern the tenancy. You need to make sure that you follow the lease in the event of the breach and that the lease will protect you in the event there is a problem.
If you are a Landlord and you charge a security deposit, there are very specific steps that must be taken with respect to the security deposit otherwise you can be liable for three (3) times the amount of the security deposit; therefore, it is critical that you have legal advice in preparing both the rental documents and documents upon the Tenant vacating so that your rights are protected.
