If you’re planning to buy or sell a house, facing a foreclosure or an eviction, you may want to contact a real estate law firm to assist you with these processes. Depending on your unique situation, a business property law firm’s real estate lawyers will most likely be able to respond to your questions as they relate to your specific situation.
There are, of course, a variety of property law cases that can be handled by a real estate attorney from a business property law firm. While sometimes a dispute needs to be resolved, a real estate attorney can also make sure that all of the paperwork is in order when you’re buying or selling a house.
Types of Issues
While many real estate law firms may tend to handle a specific type of case or client, in general, they can provide counsel on, address, and/or potentially resolve, these and other issues:
- Adverse possession
- Boundary dispute
- Building code violation
- Eviction case
- Eviction process
- Failure to disclose defects
- Lease agreement
- Real estate contracts
- Real estate dispute
- Zoning restriction
Buying and Selling a House
If you’re selling your house, were you aware that you should seriously consider having your own inspection conducted prior to the sale? The National Association of Realtors(R) reports that 77% of homebuyers request that one be conducted prior to closing.
When you’re purchasing a home and have entered into a contract, were you aware that the number of days before closing, as well as the closing date, should be specified? The number of days does depend on the state in which you’re purchasing a home; however, it generally takes four-to-ten weeks.
In the event that you may be facing a foreclosure, were you aware that for every 200 homes, one will be foreclosed upon? In 2013 alone, for every 96 homes, there was at least one owner that filed for foreclosure.
If you are facing a foreclosure, contacting an attorney as soon as possible is recommended. They are informed on state laws in this regard. More specifically, they understand the strict regulations that pertain to notices as well as opportunities to pay prior to your house being sold in a foreclosure sale.
California Law and Purchasing Real Estate
If you are planning to purchase a home in the state of California, were you aware that real estate agents must disclose specific types of information? If there has been a death that occurred within three years prior to the sale and your purchase, details must be provided.
If there aren’t any major issues, it usually takes approximately 40 days to close a house.
If you want to purchase an abandoned property, there are certain procedures that need to be followed prior to purchasing it. This includes the potential of a three-year waiting period if the legal owner can’t be located.
Under the California Code of Civil Procedure, Title 10 specifies that when the legal owner of an abandoned, or “unclaimed,” property cannot be located, it will be transferred to the California government If the property remains unclaimed for three years.
California Law and Eviction
If you live in an apartment or house in California and are facing eviction, were you aware that after living there for over a year, your landlord must give you at least a 60-day notice to vacate the premises?
When and if your eviction needs to be resolved in court, your case will be heard, and decided upon, by a judge. This usually takes 20 days from the time you or your landlord requests a trial.
California Law and Written Contracts
It’s also important to be aware of the types of contracts that need to be in writing. According to The Statute of Frauds in California, there are three types of contracts that must be in writing:
- Leases that exceed a year
- Commission agreements with real estate licensees and principals
- Real estate sales contracts
The role of property law in business is essential. When you seek the services of a business property law firm, an attorney can provide you with vital information on your rights as well as your responsibilities. Furthermore, should you need representation, a business property law firm can provide you with this as well.