Whether you are buying or selling real estate, the transaction is going to be one of the largest that you will be a part of in your life. Protecting yourself from a badly drafted contract or detecting hidden defects in the deal can be one of the wisest moves that you can make in the process. Enforcing your rights and keeping the other party in line can be necessary, as well.
Whether you are looking for legal guidance and protection during the real estate transaction or for litigation, the real estate lawyers at the Law Office of Natalie R. Rowland in Atlanta can help.
Real Estate Transactions and Litigation
Because real estate is so expensive, and because so many things can go wrong during the transaction, a real estate attorney can help you cover your bases and protect yourself from the risks that inexperienced buyers and sellers can forget about or overlook. In this sense, a real estate attorney can work to ensure that you never have to go to court to get what you want out of the sale.
On the other hand, there are situations where it is too late and things have happened during the real estate transaction that make litigation necessary. Forcing the other side to comply with the terms of the sale when they want to break the contract or holding them accountable for hiding information during the sale can take a trip to court.
Whether you need to avoid court or win in the courtroom, Natalie R. Rowland can help make it happen.
Transactions: From Contract Negotiations to Closing
A skilled Georgia real estate attorney can help you from the very beginning of the real estate transaction process to the very end.
Once you have found the house, business, or property that fits your needs, the first step is going to be negotiating the contract that could lead to the sale. The terms of this contract need to ascertain what would happen in any possible circumstance that should arise, preventing any uncertainties that are almost guaranteed to lead to a lawsuit, given the high value of the property at risk.
An important aspect of negotiating the contract is performing your own due diligence on the property, especially if you are the one looking to buy it. Finding flaws in the property that could take thousands of dollars to fix is something that you want to do before signing a contract that would set the purchase price. Additionally, conducting a title search to make sure the property is actually owned by the person trying to sell it is an extremely wise investment to make. These title searches can unearth hidden mortgages against the property that you would be subject to, if they are not dealt with beforehand. Obtaining title insurance can also be a wise move if there are any indications that something is wrong, or if you want to make sure you protect yourself in the future.
If you are the one selling real estate in the Atlanta area, an equally important piece of the due diligence process is to make sure your prospective buyer has the means to pay for the property. By monitoring how they are going to fund the purchase, you can avoid a situation where you find that you no longer have title to the property, but have not yet been paid in full for it.
All of this preparation culminates in the closing process, where the documents are signed and exchanged. The presence and guidance of a lawyer at this stage of a real estate transaction is essential, as even a minor mistake or a single missed signature can mean huge headaches and potentially thousands of dollars in problems in the future.
Real Estate Litigation to Resolve Serious Property Problems
A real estate attorney can also be a vital part of a defense against a serious threat to your property or home.
In some of the most significant cases, this can come from the government in the form of an eminent domain or condemnation situation. One of the most controversial aspects of living in the U.S. is that the federal government considers itself the fundamental owner of the land you possess, giving it the right to take it back. Fighting eminent domain procedures and protecting your property is a difficult thing to do without the legal representation of a lawyer.
Neighbors can also become a threat to your property through easement rights and property line disputes. Some of these disputes go back decades and revolve around oral agreements between people who have long since passed away. Resolving them is far from easy, and often requires the legal representation of a real estate litigation attorney.
However, real estate litigation most frequently stems from problems in the purchase transaction. In some cases, the seller failed to disclose serious problems with the property, like a termite infestation, or actively covered up clues that would have helped you notice a serious problem with the property. In other cases, the buyer refused to sign the purchase documents at closing and is now trying to avoid paying the fees they agreed to pay in the contract for just this situation.
Thousands of dollars and potentially even your home are at stake in these situations. Hiring an attorney is not an expense – it is an investment in your future.
Real Estate Law at The Law Office of Natalie R. Rowland in Atlanta
Regardless of whether you are in the middle of a negotiation to buy or sell a piece of real estate or dealing with someone who is threatening your property or refusing to uphold their end of a real estate transaction, hiring legal help can drastically improve the likelihood that you succeed and get what you want. A sampling of the legal services provided in the firm's real estate law practice are as follows:
- Residential and commercial real estate closings
- Purchase and sale agreements
- Real estate agent/broker defense
- Dispute resolution and litigation
- Quiet title disputes
- Tax sales/surplus funds
- Foreclosure defense
- Loan Modifications, workouts, and bankruptcies
- Lis pendens
- Real estate fraud
- Specific performance
- Title insurance claims
- Chain of title and other vesting issues
- Legal description errors
Natalie R. Rowland is a real estate lawyer who serves people throughout the Atlanta area. Contact her online or call the Natalie R. Rowland Law Office at 770-952-5000 to schedule a consultation that you can use to make an informed decision about how to move forward.