Real Estate Law FAQ

1. Q. What is real estate law?

A. Real estate law governs laws and litigation which has to do with property – including buildings which are affixed to a particular piece of land. This might include homes, commercial property or other types of real estate.

2. Q. If I have purchased a home and found that something inside the home was faulty when I purchased it, is there anything I can do about it?

A. Often times, the buyer will be offered a warranty policy by the real estate agency to cover certain losses incurred by that buyer. You should determine whether you were given or purchased a warranty policy at the time of the home purchase. If not, you may need to speak to a real estate law attorney.

3. Q. If I am purchasing or selling a home, should I hire an attorney to oversee the process?

A. Since you will be signing contracts and a substantial amount of money will likely be involved, it is a good idea to hire an attorney to protect your interests and ensure that the entire process is legal and valid.

4. Q. Is there anything I should do before purchasing a property or land?

A. The title should be searched to ensure that the property is free and clear of any claims or liens. A real estate attorney can do this for you and ensure that it's safe to go ahead and purchase the property or land you're interested in.

5. Q. If I have purchased a home where the seller agreed to certain repairs and those repairs are not made, what should I do?

A. The first thing you should do is contact your real estate agent. It's possible that arrangements were made for the repairs that you're unaware of. If the seller has not made the repairs and has not planned for the repairs, you may have a real estate law case against the seller.

6. Q. What should I make sure of when I am purchasing a home?

A. Although it's a great idea to consult an attorney before purchasing a home, there are several things you should make sure of. Make sure that all property which is supposed to go with the home is included in the contract. This may include appliances or other extras you were promised. You also want to inspect the damage report and look at the surrounding area.

7. Q. What should I make sure of when I am selling a home?

A. You'll want to make sure that there are no claims or liens against your property and determine what items or property should be included in the sale. You will also want to consider your lowest desired price and what you're willing to accept. A property law attorney can oversee the process and protect your interests.

8. Q. As a seller, are there any defects which I must disclose to the buyers before signing a contract?

A. You should disclose all defects; however it's very important that you discuss your options with an attorney. If there are defects in the home and you do not disclose them, you could find yourself in court.

9. Q. Are there any tips the buyer should heed before purchasing a property?

A. The buyer should spend time in the neighborhood to determine whether he or she will be happy there. They should also make sure the home is inspected and that there are no major problems that will drive up the cost of the home. It's best to receive advice from a real estate law attorney before purchasing.

10. Q. For a home being sold as-is who is responsible for major repairs?

A. Typically, for homes that are sold as-is, the buyer is responsible for all repairs which must be made. Again, speaking to an attorney is the best idea.

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