Real estate law is a broad term typically used to describe the civil laws that determine an individual’s right to possess, use and enjoy the use of real property, including any structures or improvements that have been built upon the property. In addition to litigation which can arise out of commercial or residential real estate transactions, Strong & Hanni has a successful history of representing clients in landlord tenant disputes, homeowners association disputes, foreclosure actions, construction defect claims, title issues, easement disputes, property-related insurance claims, and condemnation proceedings. Our attorneys can evaluate a case from both sides and help develop a strategy that serves your situation.
Residential Real Estate Purchase and Sale
One of the most common issues we deal with are issues that arise in connection with the sale or purchase of residential real estate or the construction of a new home. Although you aren’t required to use a residential real estate attorney when buying, selling, or building a home, the law surrounding the process is complicated and it is often wise to at least consult with a lawyer to make sure you’re informed about potential issues and roadblocks.
Some common issues that come up during the purchase and sale process relate to the closing date and what happens if one or both parties are unable to close on time, what financing options are available and what happens if the financing doesn’t go through, what defect disclosures are required and what warranties are conveyed with the home, and how to protect yourself from a title defect.
Building a new home presents additional, unique problems, such as compliance with zoning and construction laws, construction loan financing, and legal disputes with contractors. A residential real estate lawyer can help guide you through this miasma.
Commercial Real Estate Purchase and Sale
Commercial real estate transactions are typically more complex than residential real estate transactions and in almost every case a lawyer should be involved. Even more than residential purchases, the purchase of commercial real estate usually involves large sums of money and both parties face more liability and more avenues of liability. This is because in commercial transactions the court views both parties as equal, sophisticated parties who are able to understand and abide by the contracts they sign. That being the case, the purchase contract will be fully enforceable, absent some illegality or fraud, and the parties are wise to seek advice to ensure their interests are protected before signing such an agreement.