Category: Uncategorized

New ADU Laws in California: What You Should Know

Posted on October 25, 2023 by - Uncategorized

California is in the middle of an affordable housing crisis. City populations have swelled, along with home rental prices. The effects of a general lack of affordable housing are dire, pushing residents toward financial hardship and even homelessness.

In response to this crisis, state and local lawmakers are looking into accessory dwelling units (ADUs) to alleviate the pressure. As a cheaper and more flexible alternative to constructing new multi-family apartment buildings, ADUs are a viable way to add housing quickly. To promote new construction, the state legislatures have passed several new laws to reduce barriers and ease restrictions.

Here are some important changes to California ADU law that took effect in 2023.

Relaxed Height Restrictions

Despite the benefits of adding ADUs, not every community is on board with the idea, and some local governments have tried to deter homeowners from building ADUs by imposing restrictions such as on the maximum size of the dwellings. Under the changes included in Assembly Bill 2221, local authorities may impose height restrictions on ADUs, but they may not set a maximum height less than 16 feet. 

Additionally, there are circumstances where the limit is even higher:

  • If the structure is located within half a mile of a public transit stop: 18 feet
  • If the property already has a multi-family dwelling that is at least two stories tall: 18 feet
  • If the ADU is attached to the primary dwelling: 25 feet (If allowed by zoning laws for the primary dwelling)

60-Day Permitting Rule

Since 2020, state law has required that local permitting agencies either approve or deny a permit to build an ADU within 60 days of receiving the application. With the surge in applications, many agencies denied permits for little reason, just to avoid violating the 60-day rule. 

The new rule requires agencies to list their reasons for denying a permit. This is intended to force the agencies to take a closer look at each application and only deny them for good cause. Also, the scope of the 60-day rule has been expanded to include more entities, such as utilities and water districts.

Front Setbacks

Some local agencies denied ADU building permits based on setback requirements (the distance from the structure to the property line). Under the new changes to the law, if an ADU is no greater than 800 square feet in size, local authorities may not impose a front setback requirement. They may still impose rear and side setback requirements of no more than four feet.

Fire Sprinklers

Building an ADU used to trigger a Group R occupancy change for the property, requiring fire sprinklers to be installed in the primary dwelling. That is no longer the case.

Denials Based on Unpermitted Work

Formerly, ADU permits could be denied because there was existing unpermitted work that had been done to the property. Now, they can only be denied for this reason if the unpermitted work is a safety or health concern.

Demolitions

Many homeowners want to demolish or convert existing structures, such as garages, to build an ADU. To discourage this, some local agencies approved the building permit but refused to provide the demolition permit. Under the 2023 changes, cities cannot withhold a demolition permit if they have already approved the ADU permit.

Talk to a Real Estate Specialist

Building an accessory dwelling unit is a great way to alleviate the housing crisis and provide extra income to homeowners. The latest changes to the law make it an even more attractive option. However, even with the easing of restrictions, there are many bureaucratic rules to navigate, and local permitting agencies may continue to obstruct ADU construction. 

With the help of an experienced real estate attorney, you can clear these hurdles and get your project moving forward faster. To speak with a member of our legal team, schedule an appointment today.

Unlawful Detainer in California and How to Protect Yourself

Posted on October 24, 2023 by - Uncategorized

eviction notice

Evictions are a nightmare, with many people rating it as the all-time most stressful experience of their lives. Even for the landlords themselves, usually, it is unpleasant and something to be avoided if possible.

If you are a tenant on the receiving end of an eviction notice, here is some important information about unlawful detainers in California.

What Is an Unlawful Detainer?

“Unlawful detainer” is the legal complaint a landlord must file with the court to have someone removed from their property—i.e., evicting that person. In effect, it is seeking a judgment that the tenant has no legal right to remain on the property. The most common reasons for filing an unlawful detainer complaint are (alleged) failure to pay rent, failure to adhere to the terms of the lease, and failure to vacate the property at the end of the lease term.

Common Defenses to Unlawful Detainer

Just because you’ve received an eviction notice doesn’t mean you necessarily have to leave the property. After all, you still have due process rights to challenge the legal basis of the eviction. Here are the most common defenses to an unlawful detainer complaint.

1. Already Paid Rent in Full

If the basis for filing the unlawful detainer was a failure to pay rent, then proving that you have in fact, paid the rent is a complete defense. Landlords must give tenants at least three days’ notice to pay the rent (a Notice to Pay or Quit) before proceeding with the eviction. You cannot be evicted if you pay the rent within that time.

 2. Fixing Violations of the Lease

If the landlord alleges that you have violated the terms of the lease, they may give tenants a three-day “Notice to Perform Covenants or Quit.” This notice must identify what the tenants have done to violate the lease and give them three days to fix it. For example, if the lease prohibited pets, the tenant would have three days to remove any pets from the property.

In the case of serious violations, however, a landlord is not required to allow the tenant to fix the problems. Examples of this include:

  • Conducting illegal activity on the premises (such as selling drugs)
  • Causing significant damage to the property
  • Endangering the health and safety of others

In these cases, the landlord need only serve a three-day Notice to Quit.

3. The Landlord Did Not Maintain the Property

Tenants may withhold rental payment if the landlord fails to maintain the property according to minimum livability standards. For example:

  • Failure to provide locks on the main doors
  • Failure to provide heating in cold weather
  • Failure to fully waterproof the roof and walls
  • Sewage backing up onto the property

4. Improper Eviction Procedure

Landlords may not resort to “self-help” eviction. That means they must give tenants notice, go through the unlawful detainer process to obtain a court order, and, if necessary, request law enforcement officials to remove people from the property. They may not skip the court process and change the lock while the tenant is away or remove their possessions.

Discuss Your Situation with an Attorney

California has robust legal protections for tenants, but you might never know about them or have any idea about how to protect your rights without the help of a lawyer. Our experienced attorneys know the unlawful detainer process inside and out; they can provide you with a practical assessment of your situation and a clear plan for moving forward. 

To schedule an appointment, contact our office today.

Boundary and Title Disputes in California: Legal Insights

Posted on August 16, 2023 by - Uncategorized

Property lines are not always where you think they are, and sometimes, the owner of a piece of real estate is not clear. Such boundary and title disputes can completely upend your life, so it’s worth looking at some of their root causes and what can be done to resolve them.

What Is a Title Dispute?

A title dispute arises when two or more parties have competing claims to the same real property. For example, one person might build a house on a plot of land only to have another claim to own that very land. The legal proceeding for settling title disputes is called a “quiet title action” because the judge will determine the actual owner and therefore “quiet” any competing claims to the land.

Here are the most common causes of title disputes:

Boundary Disputes

Adjacent property owners can disagree on exactly where the boundary line is between their properties. See more details on this below

Problems with the Deed

Errors or discrepancies in the deed can create big problems later. Most commonly, the problem with the deed is an incomplete or inaccurate description of the parcel.

Easements

An easement is a non-possessory right in real estate, meaning the easement holder doesn’t own the land or have the right to live there but does have some right to use the land in a limited way. For example, a neighbor may have an easement that allows them to cross your property to access their land, or a municipal government may have an easement to build and maintain utility lines on your land.

What to Do in a Boundary Dispute

As mentioned above, boundary disputes are a type of title dispute in which two neighboring landowners can’t agree about who owns a particular part of their respective lands. Historical use, natural terrain features, and fence lines may contribute to this misunderstanding. The problem becomes even more complicated when one builds a structure, such as a home on the disputed part of the land.

If you find yourself involved in a boundary dispute, here is some guidance on handling the situation effectively.

1. Have the Land Surveyed

The first step in resolving the dispute is to determine where the official property lines are by commissioning a property survey. The surveyor will examine county records and plot out an accurate map of what you factually own.

2. Try to Come to an Agreement with Your Neighbor

It’s best to come to an amicable agreement with your neighbor if possible. This may be as simple as building a new fence or agreeing to stay off the property. However, some agreements, such as the granting of an easement, should be formalized in writing.

3. Bring in a Mediator

Sometimes, you may not be able to agree on your own, especially if structures are involved. Bringing in an outside mediator can often help both sides reach a reasonable resolution.

4. Litigation

Obviously, litigation is not anyone’s first choice; it’s expensive, time-consuming, and can breed animosity. In some situations, however, litigation may be your only recourse. If you haven’t already hired an attorney, you definitely should at this point.

Talk to a California Real Estate Lawyer

Real estate title disputes can be tricky to unravel, and they are best handled with the help of a real estate dispute attorney. Having a lawyer’s help can often prevent the situation from escalating and will ensure that your rights as a property owner are protected. To discuss your situation with an experienced professional and figure out how to move forward, contact our office today.

Proposition 13: What Is It and How Can We Help

Posted on June 15, 2023 by - Uncategorized

Proposition 13

Proposition 13, or Prop 13 as it’s often called, is one of California’s more famous voter-approved propositions, as it has profoundly affected homeownership and the housing market in the state for over 40 years. Depending on who you ask, it’s been instrumental in keeping older people from losing their homes due to unreasonable tax increases, or it’s kept young people stuck perpetually renting their homes and primarily benefited corporations by slashing their property taxes.

Whether or not you agree with Proposition 13, it’s good to know the facts. Let’s discuss what it is and how having the services of a real estate attorney may help you navigate its intricacies and save you thousands of dollars per year.

What Is Proposition 13?

Prop 13 was an amendment to the California Constitution approved by state voters in 1978. It was meant to address the problem of California’s rapidly increasing home values resulting in massive increases in property taxes that could force people out of their homes. For example, a retired person who had purchased their home 30 years ago for $50,000 could quickly find their home assessed at a value of $300,000, which would cause a 600% spike in property taxes.

The key components of Prop 13 are:

  • Property taxes are capped at 1% of the property’s assessed value
  • While the same person holds the property, the total property tax can only increase at a maximum annual rate of 2%
  • When title to the real estate is transferred to another person, the value is then reassessed

Reassessment typically leads to higher property taxes for the new owner, as real estate prices in the state have traditionally risen at an annual rate far greater than 2%. Suppose the new assessed value is lower than the original assessed value (perhaps due to economic recession). In that case, the property’s value will be reassessed annually until it matches or exceeds the original assessed value. At this point, the normal 2% rules kick in.

Crucially, not all transfers of title will trigger a reassessment. Here are some of the most common scenarios in which a property can be transferred without reassessment.

  • Transfers between spouses
  • Transfers from parent to child
  • Transfers from grandparent to grandchild, if both parents of the grandchild are deceased
  • For people aged 55 or older, replacement of a principal residence of equal or lesser value in the same county or in one of the so-called “accommodating counties,” wherein the assessed value of the former home may be carried over to the new home
  • Transfer upon the owner’s death to a co-owner who has been residing at the property for more than a year before the other owner’s death

Taking Advantage of Proposition 13’s Benefits

Knowing how Prop 13 works and how to take full advantage of it can lead to significant tax savings. This is mainly accomplished by transferring the title in such a way as to avoid reassessment because, in case it wasn’t already clear, reassessment is seldom good. For example, a home with an assessed value of $150,000 could easily be reassessed at $500,000, with property taxes jumping from $1,500 to $5,000.

If you are planning on selling or gifting your home to a family member, domestic partner, or someone similar, it is a good idea to consult with an attorney to make sure that transfer is done in such a way as to avoid reassessment. Talking to one of our experienced real estate experts can save you or your loved ones thousands of dollars in unnecessary tax bills. To schedule a consultation, contact our office today.

Common Types of Real Estate Fraud

Posted on May 30, 2023 by - Uncategorized

real estate fraud

Real estate sales and purchases are the largest financial transactions that most people will ever make, typically involving hundreds of thousands of dollars. On top of that, the process can be unfamiliar and complicated. For these reasons, real estate fraud is unfortunately common.

How do you avoid becoming a victim of real estate fraud? The best way to protect yourself is by knowing the most common types of real estate fraud. Here’s a list to get your started!

Appraisal Fraud

Appraisal fraud is one of the most common types of real estate fraud, in which the seller or buyer uses a dishonest appraisal to misrepresent the property’s value. This may be done with an appraiser willing to estimate the property’s fair market value falsely. Alternatively, the buyer or seller may alter an appraisal to be more favorable.

What You Can Do

Get your appraisal, especially if the figures don’t sound right. Mortgage lenders are well aware of this practice and often insist on hiring an appraiser from an approved list.

Title Fraud

Sellers may attempt to conceal problems with the title, or simply sell a property that does not belong to them.

What You Can Do

Buyers should use a reputable escrow service and hire a professional to investigate the title before completing the purchase.

Home Equity and Home Renovation Fraud

It’s common for homeowners to get a home equity loan to pay off debts or finance property improvements. There’s nothing inherently wrong with this; being secured by the property, home equity loans often have lower interest rates than unsecured personal loans. Unfortunately, however, many predatory lenders operate in this field, and homeowners often end up paying far more than they expected.

Such lenders may lie about the loan terms, create false urgency to pressure homeowners into signing contracts before they can read them, or even sign blank ones.

What You Can Do

Be careful when taking out a home equity loan, because your home will be on the line. Don’t let lenders pressure you into signing anything you don’t fully understand.

Foreclosure Bailout Fraud

Foreclosure bailout fraud is particularly despicable, involving stealing from people desperately trying to keep their homes. Because foreclosures are public proceedings, scammers use court records to identify their targets. They contact homeowners and offer relief by arranging a short sale to the scammer, who will rent the property back to the owner after paying thousands of dollars in upfront fees. The scammer disappears with the fees, and the homeowner has lost time and money at a critical juncture.

What You Can Do

If you need to catch up on your mortgage payments, the best course of action is to open a line of communication with your lender and try to work something out.

Get Help from a Real Estate Attorney

Those who perpetrate real estate fraud take advantage of their victims’ relative lack of knowledge. The best defense is to have someone on your side with a deep knowledge of real estate transactions and law who can identify fraudulent behavior and keep it from derailing your life.

Our real estate litigation specialists can protect you from bad actors and ensure your transaction is efficient and fair. Contact our office to discuss your situation.

Benefits of Hiring a Real Estate Fraud Investigator for Your Case

Posted on May 19, 2023 by - Uncategorized

real estate fraud investigator for litigation

Real estate fraud can be particularly devastating. Not only are their large amounts of money on the line, but problems concerning our homes are uniquely stressful and emotional.

Unfortunately, real estate fraud is not uncommon. Unscrupulous people try to take advantage of the fact that most people are unfamiliar with these types of transactions and then disappear with thousands of dollars in ill-gotten gains.

Hiring a real estate attorney to investigate potential fraud is a great first step toward taking back control of the situation and hopefully recovering your money.

Investigating the Fraud

If you’ve fallen victim to real estate fraud, don’t beat yourself up over it. The people committing these acts are often very sophisticated in terms of technology and expertise. Now it’s time to get people on your side who have even more expertise to build a case against the fraudsters.

Building a fraud case means investigation and lots of it. There can be many paperwork, interviews, and even surveillance to sift through. The benefits of hiring a real estate fraud investigator are numerous. Fraud investigators know what they are looking for, where to look, and how to do it lawfully. Furthermore, an experienced investigator will know how to proceed swiftly, which is important for resolving the case promptly and ensuring you don’t miss crucial court deadlines.

Because the goal of a fraud investigation is ultimately litigation, it makes more sense to go ahead and hire an attorney rather than a private investigator. Law firms can typically carry out their investigations and hire specialists if and when necessary. This way, all the work is centrally coordinated for one purpose: litigating your case and getting your money back.

Pursuing Your Claim in Court

It’s like fraud cases; even when confronted with irrefutable evidence of their wrongdoing, the guilty party rarely says, “You got me; here’s your money.” You will likely have to claw any money back through the court system to recover it.

Like other types of litigation, real estate fraud claims can take a long time to resolve. As a “white collar” type of case, they can also be quite complicated. That’s when you’be glad you hired an investigator to uncover evidence that will stand up to legal scrutiny.

Pursuing your claim in court may be your only option, but it’s not something you should try to do on your own. Instead, hiring a real estate litigation attorney is the best way to go.

Talk to a Real Estate Fraud Specialist

The most effective way to fight against real estate fraud is to bring in outside help—people who can investigate your case, negotiate on your behalf, and take your claim to court. At Hoffman & Forde, our attorneys have years of experience handling real estate transactions and litigation in California. We know how to uncover fraudulent activity and pursue a resolution that’s fair for you.  Contact our office to set an appointment for your first consultation.

The Benefits of Hiring an Attorney to Help with Your Tax Problems

Posted on February 15, 2023 by - Uncategorized

benefits of attorney for tax problem

Tax problems are a special kind of misery. The U.S. Tax Code is so complicated most people just try to muddle through it every year and hope no one is paying too much attention. Then one day, a letter arrives and it turns out the government was paying attention—now they’re demanding money you don’t have, threatening fines or even jail time.

If you find yourself in a situation like this, you shouldn’t go it alone. Here are the benefits of hiring a tax attorney to relieve the burden and drastically improve the outcome. 

You Need Expertise

As the saying goes, “When you find yourself in a hole, the first thing is to stop digging.” Maybe you’ve made mistakes; don’t worry. As we said before, tax laws are very complex and always changing. So the important thing is not to make any more mistakes going forward.

You’re probably not a tax expert and will unlikely become one in the next few weeks. But, on the other hand, the people who work for the IRS or California’s Franchise Tax Board are tax experts, and they don’t give points for not understanding the law. So you’re going to need help.

Someone who understands the tax system can help you correct mistakes from past filings and chart a path forward. For example, if you owe money in back taxes, there are options beyond making a single lump-sum payment. There are even programs to have your debt forgiven. A tax attorney will be familiar with all of this.

Reduce Penalties

Tax problems are often accompanied by fines, penalties, and interest that has accrued in the meantime. A $1000 mistake can quickly balloon into a $5000 or more debt. The good news is that what you have to pay is often negotiable. Attorneys that regularly deal with the IRS, FTB, and other tax authorities may be able to reduce the total amount you owe significantly.

Note: Contact an attorney immediately if you are facing a criminal tax investigation. These cases can result in hefty fines and jail time; you will need legal representation.

Take the Burden Off Your Shoulders

The emotional stress of dealing with tax problems can be immense. The underlying legal problems are complex, and the amount of money at issue is often daunting. This stress can drive people to make more mistakes or, even worse, just ignore the problem.

You need someone who can look at your documents and say, “Okay, I see what happened. Here’s what we’re going to do….” Hearing these words can be a great relief, and so much of the stress you’ve been carrying will fade once you hand your tax problems over to an expert.

Get Started with a Consultation

The first step in dealing with your tax problems is to schedule an appointment with an attorney. At Hoffman & Forde, our tax attorneys have years of experience resolving these matters and improving client outcomes. Book a consultation to learn more about your options.

Property Dispute Litigation: What Is It and Do You Have a Case?

Posted on December 27, 2022 by - Uncategorized

property dispute litigation

Something unique about our homes provokes a deep emotional response during disputes. Not only is it the place where we live, but for most families, it is by far the largest financial investment they will make. Combine this with the complexity of modern property conveyances, and one can see why property disputes are so common.

Sometimes these disputes can be resolved, but if not, litigation may be the only way forward.

Common Types of Property Disputes

There are many types of property disputes, but some of them tend to come up over and over again.

Breach of Contract

In a real estate transaction, the most common breaches of contract occur when (1) the buyer backs out of the deal or (2) the seller back out and sells to someone else for a higher price.

In the first scenario, the fight may be over the return of the buyer’s earnest money. Also, if the seller was forced to sell to someone else at a lower price, they may try to recover the difference.

In the second situation, the buyer may seek “specific performance,” i.e., a court order for the seller to complete the original deal at the original price. Of course, judges are reluctant to give such orders, but specific performance may be appropriate if there is something unique about the property.

Failure to Disclose

If a defect affects the value of the property and is not obvious to the buyer, the seller has a duty to disclose that fact.  For example, if there are termites in the walls and the seller knew or should have known about it, this is a defect that must be disclosed. On the other hand, if there’s a massive hole in the roof, the seller should notice this on their own.

Boundary Disputes

Boundary disputes arise when neighbors can’t agree on the property line. The boundary may have been poorly marked in the past, or the practical use of the property doesn’t match the legal line. These disputes are common when one party builds an improvement such as a home, shed, or fence close to the property line without surveying first.

Homeowners Associations

There is often conflict between a homeowners association’s common standards and a homeowner’s wish to use their property as they see fit. Litigation may be necessary when the HOA overreaches or the homeowner simply refuses to comply.

Litigation and Other Options

Whether the dispute is between neighbors or a buyer and seller, sometimes the parties can come to some agreement. However, property dispute litigation or mediation, may be necessary if that is not the case.

Especially in a dispute between neighbors, attempting mediation first is usually a good idea. Parties often feel satisfied with mediation results, and neighbors will continue living next to each other for many years. It also tends to be faster and cheaper.

If property dispute litigation is the best option, property owners should hire an attorney. They should also be sure to retain all documentation in their possession. After that, the best thing they can do is be patient because litigation can take a long time.

Speak to the Property Attorney

In a property dispute, your first step should be to gain an understanding of your legal position. Then, determine if you have a case against the other party or if they have a case against you to decide your next steps. Our property litigation attorneys have years of experience in resolving such disputes. We can review your situation, lay out your options, and create a plan for a fair outcome. 

Contact our office to set up a consultation today.

What You Should Know Before Filing for Bankruptcy

Posted on October 31, 2022 by - Uncategorized

filing for bankruptcy

When debt piles up beyond what you can manage, it can feel like drowning. You receive a constant flood of letters and phone calls from collectors, and the compounding interest takes on a life of its own. For people in this situation, declaring bankruptcy can be an attractive option. It wipes out many, if not all, of your debts and allows you a fresh start. 

However, bankruptcy is not to be taken lightly and is a complicated process. Here is what you should know before filing for bankruptcy.

Two Types of Bankruptcy

The first thing to be aware of before filing for bankruptcy is that there are two primary types of bankruptcy for individuals: Chapter 7 and Chapter 13. Chapter 7, also called liquidation bankruptcy, is the more common type. The debtor’s “non-exempt” assets are sold off, and creditors receive the proceeds; after this, the debts are canceled. California, in particular, has generous exemptions regarding the types of property that must be sold, allowing people to keep more of their essential property. However, there is a means test for Chapter 7 bankruptcy, preventing it from being used by high-wage earners.

Under Chapter 13 bankruptcy, debt is reorganized, and the debtor must follow a pre-approved repayment plan over three to five years. After completing this plan, the debts are considered satisfied. Chapter 13 is more appropriate for people with a steady income.

Not All Debt Is Canceled by Bankruptcy

People may get the wrong idea that any debt is wiped out by filing for bankruptcy, but that is not the case. Bankruptcy can only eliminate “unsecured” debt, such as credit card debt and medical bills. A debt is secured when it is backed by collateral, as is the case with home and car loans. Creditors of secured debt may still seek to repossess the collateral assets. Also, student loans are not covered by bankruptcy.

Hiding Assets or Going on a Spending Spree Can Get You in Trouble

When people know they will file for bankruptcy, they sometimes convey their assets to others to keep them from being liquidated. They may also go on a big spending spree, thinking the new debt will be canceled, so it’s free money. Both behaviors are considered fraud and can get you in legal trouble. Creditors can also object to recent debt, which will keep you from getting the clean slate you need.

Bankruptcy Is Not Fast or Free

Don’t expect an overnight solution by filing for bankruptcy. Chapter 7 bankruptcy typically takes around four to six months to close, while Chapter 13 cases stay open for years. You should also be aware that both types of bankruptcy require hundreds of dollars in filing fees.

Long-Term Consequences

Declaring bankruptcy can provide you with the debt relief you need, but there are lasting consequences. For example, a bankruptcy stays on your credit report for ten years, making it harder to take out a loan or find a place to live.

A Bankruptcy Attorney Can Be a Big Help

It’s important to know what you should expect when filing for bankruptcy.  Hiring a bankruptcy attorney may not be the first thing that comes to mind, but doing so can help you avoid costly mistakes. Filing for bankruptcy is a complicated legal process, and the clerks and judges cannot give you legal advice. A lawyer can also help ensure that you are maximizing the amount of property you are allowed to keep from being sold off, so you’re not starting over from scratch. Schedule an appointment today to meet with an experienced bankruptcy attorney and discuss your options.

Why Hire a Real Estate Attorney Before Buying a House?

Posted on October 14, 2022 by - Uncategorized

Why Hire a Real Estate Attorney

Buying a home consistently ranks as one of the most stressful life events people experience. Not only is a lot of money on the line (for most of us, it is the single largest purchase we’ll ever make), but our hopes and dreams for the future are tied up in it. Home buyers regularly consult with a slew of experts along the way—real estate agents, inspectors, mortgage bankers, title examiners, etc.—and yet, despite the fact that it is a complex legal transaction, they rarely hire a real estate attorney.

Though many people will not find it necessary to hire a real estate attorney before buying a house, there are several reasons why it may still be a good idea.

Negotiation

There is usually a lot of wiggle room when it comes to housing prices. Still, buyers regularly leave money on the table because they are simply not comfortable with negotiating. While many real estate agents are great at their jobs, they are generally paid a percentage of the purchase price, so they have every incentive to close the deal and not much motivation to drive the price down.

Real estate attorneys, on the other hand, love to negotiate. The net savings gained from letting a lawyer haggle on your behalf generally more than justifies the expense of hiring them.

Smoothing Out Title Issues

Title and lien issues can derail a home purchase or make your life a nightmare if they are only discovered after the fact. A real estate attorney can perform the title and lien search for you. If the search turns up any potential problems, they can either help resolve them or, just as importantly, let you know when it’s time to walk away from the transaction.

Reviewing Contracts

As anyone who has ever purchased a home can attest, there is a lot of paperwork involved. Most buyers have no frame of reference and are simply told everything is “standard,” so they sign whatever is put in front of them: HOA covenants, inspection reports, disclosures, and more.

While there is usually nothing sinister going on, these documents are important, and the fact that you signed them may come up later. At a minimum, a real estate lawyer can review them and let you know what you’re getting into, but they can also draft new agreements and eliminate many of the junk boilerplate clauses.

Facilitating Complex Transactions

Even a typical home purchase is complicated, but some transactions are significantly more complex. Sales involving trusts, corporations, and other legal entities present different issues, and the assistance of an attorney is strongly encouraged.

Easier Closing

Closing a real estate deal involves orchestrating multiple complicated components, such as filing the deed, closing escrow, and delivering the final payment. Having an attorney on your side can help greatly with keeping everything on track and negotiating any last-minute issues that pop up, such as unexpected home repairs.

Talk to a Real Estate Attorney Today

The best way to find out what a real estate lawyer can do for you is to talk to one. Whether you want full-service assistance throughout the transaction or just need to deal with a specific issue, our experienced attorneys can help ensure your home purchase goes as smoothly as possible. Contact our office to schedule an appointment.