Are You Dealing with a Real Estate Law Issue?
Dealing with a real estate matter can be stressful, confusing and complex. No matter if you are selling a property or you want to purchase a property, you should speak with an experienced Carlsbad real estate attorney. Your attorney will be able to help you with contract negotiations, avoid transaction disputes and possibly save time and frustration.
Different Types of Real Estate Cases
Real estate law covers a wide range of issues related to real property law. Some of these areas involve purchasing or selling real estate, renting real property and taxation issues associated to these activities. Bear in mind, real estate laws vary from state to state, so it is important to get the right information and guidance.
Whether you are buying or selling a home, this represents a substantial investment. It is important to protect your rights. Working with an experienced real estate attorney will guide you through the legal implications.
What does contingent mean in real estate?In a real estate transaction like the sale of a house, a “contingency” clause in the contract acts as a way to cancel the contract if a certain event were to happen. For instance, if you make an offer and the seller accepts it, you may negotiate a contingency that accounts for a poor housing inspection allowing you to back out of the deal. If you need to sell your home as well, you could negotiate a contingency that allows you to back out of buying the new home if you can’t sell your current one.
What is a short sale?A short sale is when the seller is selling the property for less than is owed on the mortgage. This could be a bank that repossessed the home in a foreclosure. In this case, the bank would sell the house, essentially hoping to get someone to buy the house, and the bank will forgive the difference that remains on the original mortgage. A short sale often presents a good opportunity to the right buyer who needs to save a bit of money.
Do I need a real estate lawyer or a real estate broker?A broker (also known as an agent or realtor) represents people in the home buying or selling process. But they may not be as experienced when it comes to contract negotiations as a real estate lawyer. While you may not need a real estate lawyer for your home sale, they can help you deal with any unexpected roadblocks to the sale process. Some states also require a real estate attorney for any contract signings. If you are unsure, you could schedule a consultation.
Top Questions to Ask When Hiring an Attorney
- How many years have you been practicing law? How long have you practiced law in the local area?
- How many cases similar to mine have you handled in the past?
- What is the likely outcome for my case?
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
Top Questions to Ask a Lawyer
- What is the usual process to resolve my case? How long will it take to resolve this?
- What are likely outcomes of a case like mine? What should I expect?
An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.
How to Find the Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
Common legal terms explained
Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.
Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.