A consultation is a great opportunity to determine whether an attorney is needed. This is highly dependent on the specific factual circumstances. Please call our office to find out more information.

An attorney may help with the purchase or sale of a home or commercial property because it is a complex transaction. It is also likely to be one of the most significant financial transactions you may deal with in your lifetime, which makes it all the more important to ensure you are protected. A real estate attorney can help guide you through every step of the transaction. Guidance may include conducting a deed and title review, a comprehensive review of all paperwork, and providing an explanation about the process. By understanding the process and paperwork required this can facilitate a faster and more beneficial transaction while avoiding unnecessary delays or expenses.

If you are dealing with any type of real estate dispute, such as a property defect or boundary dispute, you may be able to resolve the matter outside of the courtroom through negotiation with the help of an attorney. Offers to negotiate or to find a solution prior to going to court will usually be an attorney’s first course of action. Litigation may be considered if it is not impossible to reach an out-of-court agreement.

Real estate litigation may arise from a variety of scenarios. Common scenarios which give rise to a dispute may include boundary disputes, homeowners association duties and CC&Rs (covenants, conditions, and restrictions), construction defects and delays, property defects, breaches of contract and landlord-tenant disputes.

We recommend consulting an attorney in a foreclosure to determine what your options may include. For example, you may be able to avoid foreclosure entirely and save your home through bankruptcy or loan modification. If you wish to sell or surrender the property you may consider a short sale or deed in lieu of foreclosure. Your options are dependent on your unique circumstances and financial goals.

In a for sale by owner (also known as FSBO transaction), you may save money by not paying a commission to a real estate broker, however, you may not receive the professional services that agents would typically provide. A real estate agent or broker can perform many services, including staging your property, determining a price, marketing, holding property showings, and guiding you through the extensive paperwork and the closing process. In an FSBO, you don’t receive the professional services typically provided by a real estate agent or broker. This may open you up to potential liability, as you will not have their professional guidance or advice during the home selling or buying process. If you decide not to use an agent, we would put in a plug for having an attorney review the contracts and disclosures before you sign on any dotted lines. If you are considering a for sale by owner situation, our office may be of assistance to guide you through the contracts and disclosures process.

Beware of a lease with a long duration, as you are responsible for payment under the lease even if your circumstances change. And make sure you understand what is included in the rent and what is “extra” or your responsibility. A gross lease is “all-inclusive,” meaning it may include utilities, taxes, insurance and maintenance. In a triple net lease, you pay the rent plus a prorated portion of the property taxes, insurance and common area maintenance. In a modified gross lease, you and the landlord split the cost or utilities. It’s a good idea to have a lawyer negotiate or review your commercial lease.