The Law Office of Daniel J. Herman, PLLC has experience relating to real estate matters, which can vary widely – from the sale or purchase of a home, to a dispute with a neighbor, to the treatment of your real estate in your estate plan.
The purchase or sale of a residence is something that becomes more and more complicated each year. There are issues that range from making or accepting the offer, ensuring that title is properly transferred, ensuring that the terms of the purchase agreement are properly implemented, and ensuring that financing and closing are successfully completed given all of the foregoing. A real estate agent can assist with certain of the deal-making aspects, and frequently a title company will provide escrow and title services. However, neither of these can provide you with the broad legal advice that an attorney can. An attorney can guide you through the process from start to finish, and can assist in coordinating with the other professionals that may be involved. This is particularly true in the case of a seller listing and brokering their own home, which in the age of the internet is becoming more and more common. There are a number of legal requirements for a seller to meet in listing and selling their home. If you’re interested in discussing such a situation further, give us a call.
The firm has also worked with and against homeowners’ and condominium owner’s associations, depending on the situation. For example, frequently HOA bylaws or restrictions require amendment to conform with the expectations of the residents or the goals of the association. Additionally, HOAs frequently attempt to enforce their restrictions on their residents in an overbroad or inconsistent way, and frequently the threat of legal action is their primary strategy.
Do you have a dispute with a neighbor regarding your property line or their activities on their property? The laws that govern these situations are frequently archaic and difficult to understand, and have evolved over hundreds of years in our courts. For example, your property line may depend on any number of types of physical boundaries in addition to the survey line or a legal description. For example, things like fences that have been treated as the properly line for a certain amount of time may actually become the property line. Additionally, if your neighbor is engaging in activities or behavior on their property that diminishes your ability to enjoy your property, you may have a claim. If you’d like to discuss these situations, give us a call or contact us HERE.