Real estate law is complicated. It takes more than just money to purchase a piece of property. You must make sure the property is up to code. You must also make sure that the people selling the property have the right to sell it. You will have to agree to the rules imposed by the homeowners association. There may be certain modifications that you are not allowed to make.
Whenever you buy property, it is a good idea to have the assistance of a Western Pennsylvania real estate attorney, such as those at Stoner Law. We can help you secure the best loan and assist you if you have any problems with the local government or if you are in a dispute with the seller or real estate agent. Problems with paperwork can hold up a real estate transaction for months. An attorney can make things go smoothly.
Typical Disputes During a Real-Estate Transaction
Buying a home or a commercial property should be a joyous life event. However, there are often disputes that take place during real estate transactions. A Pittsburgh disputes and litigation attorney can help you through any problems you may have.
The Sale Cannot Legally Go Through
Several circumstances can prevent the sale of a home. Before you buy a property, you will have to do a title check to make sure there are no encumberments on it. You can hire a company to do the title search for you, you can go to the county court or you can go to the county assessor’s office.
You may find that there are taxes owed on the home that will prevent a sale. A creditor or the government may have placed a lien on the home.
The title will state the parameters of the property. A fence post or garage may be over the property line and that can impede the process of selling the property.
The title will also reveal if there is a dispute over ownership. You would be surprised how many times people will try to sell a property before a probate court has officially decided to whom the property belongs.
Breach of Contract
When a real estate transaction takes place, the people involved may sign several different types of contracts. When one of the parties violates the terms of the contract, it may result in a breach of contract lawsuit.
For example, if a person has a house constructed, they will have a contract with the construction company. The contract will contain details about the size of the property, and the number of bedrooms, bathrooms, and living spaces it will have. It will list the appliances and accents the kitchen will have and where all the utility hook-ups will be.
The contract will also state how much the job will cost and how long it will take to build. If the construction company takes too long to build the property or if the house ends up not having as many rooms as promised in the contract, the property owner can sue.
A real estate attorney can help you write an airtight contract with a construction company. They can help you understand the language of a contract. They can also tell you if a contract is in your best interest.
Breach of Duty
Real estate agents must adhere to certain laws in the Commonwealth of Pennsylvania. If they violate these laws, they will be in breach of duty.
If you are selling a property, the realtor must advise you of all offers that have been made on the property. Unethical realtors may only tell you about the offer that will benefit them the most. They may not accept or reject an offer without the buyer approving it.
Agents must disclose all the profits they make from a real estate transaction to the seller and buyer, They are not allowed to make secret profits from a deal. If an agent is acting as a dual agent for both the seller and buyer, both parties must be aware of it.
Home Foreclosure
When a person is unable to pay their mortgage, their home may eventually be foreclosed upon. There are several different types of foreclosure:
- Judicial
- Non-judicial
- Strict
A judicial procedure takes place when a lender sues a borrower to take possession of and sell the home. Non-judicial foreclosures take place when a lender and a homeowner have an agreement that a home will be sold if the buyer does not make timely payments. Strict foreclosures let lenders simply take property from the buyer if the buyer cannot keep up with the payments.
The state of Pennsylvania requires judicial foreclosures. Having a home foreclosed upon is very serious, you will need an experienced Pittsburgh foreclosure attorney to help you if you are in this situation. The team at Stoner Law has handled many different foreclosure cases.
The Seller Failed to Disclose Important Information
In some cases, a seller may not tell a buyer everything they need to know about a property. They may not disclose that the place had a plumbing issue, or that the kitchen appliances do not work. If the problem is severe enough, the buyer may try to have the sale reversed.
When the problem can be fixed, the buyer may want the cost of the property reduced by the amount of the repair. If the sale has already gone through, the buyer might sue the seller for the cost of the repair.
What Our Attorneys Can Do For You
When you meet with one of the trained attorneys at Stoner Law, we will listen to everything you have to say. We will advise you as to whether or not they can help you. Our paralegals will investigate the situation.
The attorney will let you know what action they think you should take in the situation. We will let you know if your case has merit. If it does, we will let you know if you should try to negotiate with the other party or if you should go right to court. We can represent you in court if you have to sue.
If you are planning on renting out the property you are buying, you should know that we can also provide you with a Pittsburgh landlord and tenant lawyer.
We want you to be able to enjoy a property you buy for many years to come. Give us a call today.
