Posts Tagged ‘Real Estate Lawyer’

Consult a Real Estate Lawyer to Know Your Legal Rights as a Tenant

Thursday, June 24th, 2010

A Real Estate lawyer performs an array of vital functions including property documentation, checking the complete chain of title holders, investigation any loans or other encumbrances on the property and representing the client in a dispute related to the property. The property transactions could be either of the nature of sale-purchase or lease. The disputed related to the leasing out of properties for residential or commercial uses are dealt with by an experienced real estate lawyer. Normally, it is the landlord who has an upper hand but, nevertheless, it is important for the tenants to know their rights as well.

1. Federal laws prohibit the discrimination of tenants on the basis of race, color, origin, nationality, sex, age, family status and physical and mental disability. Apart from these federal prohibitions, the states can also prohibit discrimination on the basis of marital status and sex orientation.

2. Landlords are allowed to say no to tenants if the apartment is available for rent.

3. Landlords cannot make separate tenancy rules for the applicants belonging to the protected class. So, he cannot ask for more rent, alter the services he usually provides, etc.

4. The contract for tenancy cannot be repudiated on discriminatory grounds.

5. Tenant is also protected from harassment by landlord.

6. Landlords cannot refuse you tenancy on grounds of their ‘no pets’ policy if the animal is trained to help you in your disabilities.

7. Tenants have the right to live in habitable conditions. Uninhabitable conditions could be the unsafe conditions like plaster peeling off, holes in ceiling or floor, bad wiring, too many cockroaches and mice and other similar conditions.

8. Tenants also have the right to know why they are being evicted. If this was based on some negative credit report emanating from a source other than the tenant’s own credit report then evicted tenant can file for knowing the information of that report within sixty days of being evicted.

One can know more about the tenancy rights from a seasoned real estate lawyer. An online real estate lawyer will also inform about the exceptions to these rights contained in the federal and the state laws. Also, the real estate tax lawyer will inform about the financial obligations of the tenants. It is always better to make a check of the rights available so that the unjustified terms and conditions of the landlords can be opposed and challenged in a court of law.

Duties of a Real Estate Lawyer

Monday, June 21st, 2010

When you transact any real estate deal for buying or selling of property, there might be a real estate agent or broker acting as an intermediary who will oversee that the deal is executed in a fair way. However, if it were so easy, there would have been no property disputes and there would be no need for the real estate lawyer. The lawyer has some duties towards his client. Some of these are:

1. Closing the contract: Before a deal is finally struck, you may require that all the documents of property are shown to the attorney. The real estate lawyer will check the title of property, get the documents duly registered and shall ensure that the transfer of title or ownership happens correctly. Another important thing is that he must ensure that paperwork related to the chain of title transfers is there and nothing is amiss.

2. Look for encumbrances: It is very likely that the property might be mortgaged for some loan, or there are some other longstanding dues or encumbrances which need to be cleared. The easements and covenants might put limits on the use of real estate. The best real estate lawyer will inquire through the relevant channels about these matters and make the client understand their effects in the short and long term. This is where he will be able to provide the client with the legal perspective.

3. Carry errors and omission insurance: Lawyers are governed by their professional standard code of practice. And, many of them also carry the insurance cover for the damages resulting to their clients for the errors and omissions due to negligence. It is their duty to make good these damages to their clients which have resulted due to the professional negligence. The real estate lawyer, in turn, can claim the same from their insurance companies.

4. Work closely with banks and title companies: They can take up your case with the bank mortgage officer to review the costs and negotiate adjustments on property taxes.

While looking for the appropriate real estate agent, one can seek references from near and dear ones, the state bar associations, the yellow pages, internet directories and websites of the lawyers. It is important that he shall have sufficient experience in the type of property you are looking for. It is necessary for you to know what all services can he provide and negotiate real estate lawyer fees. Further, you must ask the seller that the purchase agreement will be contingent on the approval of attorney.