Those in of need legal assistance during real estate litigation can rely on the experienced real estate lawyers Newport Beach, CA trusts at Terry Mudge, LLP. An attorney that is familiar with real estate legalities can help confirm there is full disclosure about the property from the seller, catch red flags that may not be obvious to the buyer, and assist with completing paperwork. If you are currently facing a real estate dispute regarding a property, we recommend seeking the counsel of real estate lawyers serving Newport Beach, California at our law firm right away.
Common Real Estate Disputes
In many cases, controversy over real estate can include disagreements between landlords and their tenants, foreclosures, zoning problems, joint ownership issues, construction matters, and neighborhood disputes. It can greatly benefit your side of the dispute if you have legal representation during these delegations, not just during the process of buying or selling a property.
Real Estate Litigation Process
Each dispute is unique, so litigation may not be dealt with equally across all situations. Real estate litigation can be a quick process where a solution is found promptly. In other times, cases can be prolonged and extensive. If both parties can agree upon a resolution before attending litigation, that makes things move along much faster. If no resolution can be found, then real estate litigation begins through a plea, followed by pre-trial meetings. Once the pre-trial stage has been settled, a trial then takes place where a judgment will be made in court to resolve the disagreement. If you are not satisfied with the judgment, your Newport Beach, CA real estate lawyer can file for an appeal. Once the judgment is final and can no longer be disputed, it is legally enforced.
Settling Disputes Outside of Court
Real estate conflicts can be resolved without having to start litigation. The parties involved do have the option to try negotiation and mediation. Common disputes can be about trespassing, noise complaints, property lines, contracts, and more. If the two parties are unable to resolve their conflict in mediation, then the process will move on to litigation. The knowledgeable real estate lawyers in Newport Beach, CA at Terry Mudge, LLP can assist in the drafting of a written agreement, if both parties were able to find a middle ground in mediation. After signing such a document, the terms must be followed and legally enforced.
Rental and Lease Agreements
When a tenant and landlord develop terms to rent or lease a property, the details of the terms may be formally described in a rental or lease contract. When these agreements are properly formulated, they may be legally binding. Should one of the parties fail to meet one or more stipulations within the contract, the other party may file a civil suit in order to compensate for the other’s failure to comply.
What May Be Included in an Agreement?
Rules and regulations regarding what may be included in the lease will vary depending on the state. Real estate lawyers in Newport Beach, California should be familiar with the laws local to their practice. Real estate attorneys differ from real estate agents in a few aspects. A primary difference is that real estate attorneys are able to draft leases and rental agreements; whereas, real estate agents focus more on completing the legal documents.
Leases and rentals are slightly different from one another. In general, the term, “lease,” has annual connotations. Lease contracts usually require a 12-month commitment to make monthly payments. Rentals on the other hand, usually imply weekly or monthly commitments. In some states, after the end of the lease the agreement, the terms may automatically transfer to monthly unless a new lease is signed or the tenant vacates. Certain states may automatically renew the lease if the tenant does not vacate before the end of the term; whereas, other states may not accept payment after the end of the lease as grounds for automatic renewal.
Certain states will apply limitations to the amount that can be charged for a security deposit. For example, in Iowa, the security deposit may not exceed twice the monthly rent. In other states, there may be no regulations regarding allowed security deposit amounts.
Rental laws may also place boundaries on provisions. A provision simply being written in the lease does not inherently make it enforceable or legal. A landlord may provide themselves with authority to enter the rental property at any time of their choosing, however, this may not be enforceable.
What to Consider When Buying Real Estate
Getting prepared to buy a home can be both scary and exciting. For those who are new to buying real estate, may not be sure what to expect. Purchasing a house can be an extensive and grueling process. It can even become downright confusing trying to weave through legal lingo and real estate terminology. However, the payoffs can be substantial when you finally get the dream home you have been looking for. When the browsing gets tough, keep your head up and know that the right place will land in your hands at the right time.
To make matters easier, consider consulting with real estate lawyers in Newport Beach, CA at Terry Mudge LLP for guidance. We can help you make sure the deal is a good one, and that you won’t be left feeling misled. Here we have listed some tips you should follow while searching for your next home.
Take Full Opportunity of an Open House
When exploring the property during the open house, pay attention to the house’s condition. Keep your eyes and nose out for any odd smells, stains or mildew. Do not be afraid to ask plenty of questions. Turn on light switches, fans, faucets, open windows, look inside closets, and check the quality of the washer and dryer. This will help give you a good idea of home improvements you may have to invest in if you decide to buy.
Pick the Right Neighborhood
Before signing on the dotted line, take a browse around the neighborhood. Explore the surrounding streets during the day, and nighttime. If at any point the drive makes you feel unsafe or gives you the goosebumps, you should listen to these instincts. Especially if you have young children, consider the type of neighborhood you see your family being raised. See if there are schools and shops close-by. Check out the house at various times throughout the day, during the week and weekends. Does the street become a slew of college house parties by nightfall? Would you feel safe taking your kids trick or treating in the fall? These are all good questions to ask yourself.
Be Ready to Compromise
Do anticipate that every home will likely have some flaw. It is rare for a property to be in absolute perfect condition. Consider what things you are willing to tolerate, and other details that break the deal for you. What one person is okay with dealing with, may not be the truth for someone else.
At the end of the day, searching for the right home to buy can be strenuous and exhausting. It can help to have real estate lawyers in Newport Beach, CA at Terry Mudge LLP help you through the very small, yet vital details when it comes to a contract. We have your best of intentions and want you to find a home that makes you happy. This is a huge commitment, that should not be made in a hurry. Let us help guide you through this fun yet complex process! Reach out to speak with real estate lawyers in Newport Beach, CA today.
Contact a Real Estate Lawyer in Newport Beach, CA
If you have questions regarding your lease, contact a Newport Beach, CA real estate lawyer familiar with laws applicable to your state. The real estate attorney may negotiate on your behalf to add or remove provisions to the lease or rental agreement. If you believe terms of your lease were violated, discuss the scenario with your Newport Beach, CA real estate lawyer. Should your attorney believe you have sufficient evidence displaying the landlord or tenant’s failure to comply, you may be able to proceed with a civil suit to receive compensation.
Newport Beach, CA Real Estate Lawyers FAQ: I am buying a new home, should I have a real estate lawyer to help me with the process?
Whether this is the first home you’ve ever bought or a subsequent property, you may be wondering if you should retain one of the real estate lawyers in Newport Beach, CA. In some states, real estate lawyers are a common part of the home purchasing process. Even if you believe the purchase of the home will be smooth, it is possible for the process to go awry at any point, at which you would likely need a real estate lawyer. In general, if you can afford one, you should save yourself time, money, and potential hassle by asking one of Newport Beach, CA real estate lawyers to structure the deal and handle all of the fine details.
Sometimes when you go to purchase a property you will know right from the beginning that the transaction will be legally complicated, or unusual. If any of the following apply to you, a real estate lawyer’s help will be beneficial.
Challenges might also occur after you make an offer or begin negotiations with the seller. In general, if you find yourself in one of the situations below, hiring a Newport Beach, CA real estate lawyer may be a good idea.
Hiring Newport Beach, CA Real Estate Lawyers for Easements
If you are dealing with an easement, you may want to have a lawyer’s help. For instance, if the current home seller and their neighbor have a verbal easement that allows the neighbor to use the sellers’ parking spot. In this case, as the buyer, you might want to determine whether or not you would like to continue offering this to the neighbor. You may also want to learn about your neighbor’s rights and their limits. Naturally, any arrangement should be in writing and legally documented.
Although many people who are buying a home will not need a lawyer for the purchase, it can be invaluable to have legal assistance. To learn more, call Terry Mudge, LLP to speak with one of our real estate lawyers Newport Beach, CA homebuyers trust.
Any person who anticipates having to go through real estate litigation should consult with an attorney that is experienced in dealing with these kinds of disputes. At Terry Mudge, LLP, we can fight for your needs whether you are a tenant, owner, buyer or renter.
Our team of legal professionals at Terry Mudge, LLP have been dedicated to helping our clients resolve real estate matters. We have been representing clients for many years. You can turn to our knowledge and strategy during your real estate litigation proceedings. We understand that the world of real estate can be complicated and confusing. We take pride in being able to support our clients who are not sure what to do next. For further questions or consultation with real estate lawyers Newport Beach, CA residents rely on, please reach out to Terry Mudge, LLP today!