For most people, real estate is by far their largest investment. From unknown liens to unexpected title problems, from predatory lenders to aggressive homeowner associations, from quarrelsome landlord/tenant relationships to costly municipal disputes, there are a myriad of risks that come with owning property. Working with an experienced real estate attorney can help minimize these risks and protect your investment.
Real Estate Closings
Buying and selling real estate is a multi-phased process that requires due diligence including title searches, property inspections, and a careful review of all of the documents. Even though using standardized forms can save you legal fees, these forms do not take into account that each property is unique with a different title history, possible easements, liens, restrictions and other requirements in the deal. Hiring an experienced real estate attorney to review the closing documents and accompany you to the closing can save you a lot of time, effort, and money down the road.
Commercial Real Estate
While the concept of buyer beware applies to all real estate deals, homeowners and renters still receive some protection under the law. In commercial real estate deals, there are no terms other than what’s in the contract. A seller isn’t responsible for basic habitability, and a landlord isn’t responsible for repairs unless the parties agree otherwise.
Real Estate Litigation
Real estate deals often fall through when one party tries to back out for a better offer or financing can’t be obtained. While most civil disputes are resolved with a court order to pay money, real estate litigation is unique in that the court may order that title to a property be transferred if it deems it appropriate. If a business opening is delayed or a home can’t be moved into, the court may also order the payment of any consequential damages.
Landlord/tenant disputes can be time-consuming and costly. At Benjamin Law Practice, we represent both Landlord and Tenants with their cases. Sometimes tenants wrongfully holdover and sometimes landlords wrongfully hold a security deposit. We are ready to represent you in all aspects of the case: From out of court negotiations, court-ordered mediations or through litigation to ensure speedy resolutions that minimize the threat to your situation.
Homeowner Association Disputes
Whether you have fallen behind on your monthly assessments or do not think the association’s board is acting in the best interest of the community, we can help homeowners deal with issues that arise when living in a managed community. Don’t be intimidated by your association, you have rights and we can help you assert them.