Civil Litigation, Estate Planning, Business Law, Real Estate Law, Probate, Neighbor Disputes
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Real Estate Law

Sofer Law  brings practical transactional experience to all of our clients' real estate matters large or small.  We deliver a broad range of real estate legal services, transactional and litigation, to our clients, including:  Purchase and Sale Contracts; Transaction Direction and Coordination; Financings; Landlord and Tenant (Commercial and Residential); Leasing (Commercial and Residential); Disputes with Brokers or Agents; Breach of Contract; Lender and Borrower representation; and 1031 Exchanges.

Real estate requires a special set of skills because even one asset can have a multitude of issues (legal, valuation, ownership, management, financing, tax). Each one could be critical to your ultimate success or failure with that asset.

Our real estate practice serves three type of clients:

Real Estate Companies.  These are companies with portfolios to manage. 

Professional Investors.  In this segment, our typical client already has a successful business or businesses, and wants to place their capital into "hard assets" for a variety of reasons such as diversification, cash flow, capital appreciation or tax benefits.

Individual Buyers and Sellers. Our typical client here is a Buyer or Seller of a property who requires legal assistance to close or invalidate a transaction. In California, every residential real estate contract REQUIRES mediation before the parties commence litigation. Arbitration is optional, but mediation is mandatory. While we can often resolve dispute short of mediation or litigation, we do offer full representation throughout mediation, arbitration and litigation.

 

Real Estate and Property Law is a broad legal area covering federal statutes and a combination of state statutes and common law dealing with real estate, real property, property rights and interests, buying and selling real property, homeowner’s rights, landlords and rental property, renters’ and tenants’ rights, and much more. It governs personal interests in property, such as rights of ownership, establishing property title, requirements in sales and transfers of property, and settlement of claims against property. Real estate law also covers property development, agricultural concerns, zoning and property land use, real estate lending, and foreclosures. This area of law can be very complex as state laws often differ significantly from state to state, and even from city to city.

Real estate (immovable property) and real property (realty) encompass all land, improvements and buildings thereon, including attached items and growing things. Real property also includes interests which are not physical, such as the right to future ownership, right to tenancy, the right to drill for oil, use of airspace or an easement across another person’s property.

Real estate attorneys commonly draft deeds, file liens, handle real estate closings, negotiate leases, as well as handle disputes involving foreclosures, receiverships, real estate sales contracts, housing discrimination, leases, loans, boundary and title disputes, and zoning matters.

Real estate law is the name given to the branch of civil law that covers rights to possess, use, and enjoy land and the permanent manmade additions attached to it. This includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community, landlord and tenant relations, the transfer of interests in real property, and real property financing, including deeds and mortgages. Real estate transactions, such as purchases, sales, and leases, are governed by a wide body of federal and state law, and the requirements established by state law often differ from state to state.

The Involvement of a Real Estate Lawyer in Property Law

Whether you are buying or selling a home, in a real estate law dispute, or contemplating a real estate transaction, it is important to know your rights and have them explained to you by a real estate lawyer. Real estate law encompasses a broad range of issues in relation to property law that you may have never thought about before such as, easement disputes, foreclosures, injuries, property taxes, neighbor relations, property deeds, real estate warranties, different types of mortgages, insurance, and issues related to buying and selling real estate. You will likely have several questions you need answered and an experienced real estate attorney can help you.

Buying Real Estate / Property

Purchasing a home will likely be one of the largest financial transactions of your life. Issues can arise at all stages of home buying. Deciding where to live may be the first question to answer, but make sure you know how to pay for your new home, how to make an offer, and how much should your offer be. Also, the house should be inspected, deed prepared, and repairs made all before the closing. It is important that you have protected yourself before you sign any final documents. You should know what you are buying, all the good and bad about it. Make sure you know the answers to potentially damaging information such as:

  1. Are there any zoning violation issues with the property?
  2. Are there present or past environmental hazards a problem on the property?
  3. Are there covenants or restrictions on the property that would limit my use of the property?
  4. Will my mortgage change over time? Can I afford to make all the payments over time?
  5. Are there potential issues with the chain of title to the house that may interfere with my full ownership of the property?
  6. Is the property value estimate accurate?
  7. What are / can I afford my real estate taxes?

Owners can protected themselves from these issues and others, by taking the time to find all the information about buying real estate and discussing any potential problems with a real estate lawyer.

Real Estate Law Disputes

Disputes over real estate are not limited to the typical disputes with transaction process such as those associated with buying and selling property like construction contracts, defects, title, and deed problems. However, a whole range of disputes can occur in other aspects of property law such as boundary disputes, injuries on property, trespass, nuisance, and encroachment. Disputes are especially common when a homeowner can no longer make their mortgage payment(s). Although it can vary depending on the terms of the mortgage agreement, a mortgage lender may foreclose on the property if the homeowner fails to make payments. Foreclosure will generally involve the lender repossessing the home and re-selling it to another property buyer. Foreclosures will involve a lot of legal procedures that a real estate attorney can help you with. Depending on your state, you may be able to stay in your home until the foreclosure is complete. A real estate attorney may even be able to help you work with your mortgage lender to prevent your property from entering foreclosure. If you are faced with a foreclosure or any other real estate dispute, it is advisable to speak with a real estate attorney.

Why Should I Hire A Real Estate Lawyer?

Real estate transactions will likely be one of the largest and most important purchases of your life that is why hiring a real estate lawyer is advisable. Whether you are buying, selling, or dealing with some other real estate transaction, a real estate lawyer can help you. There are many people involved at various stages in real estate transactions or disputes. Any one of them can make a mistake, potentially costing you a lot of time and money, and potentially your property. For example, if you are purchasing a home that is discovered to have an illegal unit or addition, tenants in residence, or if problems exist with the title to the property, you will likely have to take some legal action to remedy the situation. To avoid bias opinions, you should NOT rely on legal or real estate advice from the seller or one of the agents of the property (even if they are also an attorney). A seller or an agent makes money when the property is sold; your best interest may not be in their best interest. It is important to have a real estate attorney, who is only looking out for your concerns, review all real estate documents for accuracy and for your protection. Real estate law can be a complicated and time-consuming experience, a real estate lawyer will be able to help you navigate through property law.

Our Services

Sofer Law will provide you the legal advice and support you need.

Please explore more about our specialties on each area of our practice.

Solutions

We get creative to help you solve whatever legal issue you have.

Whatever your problem may be, we have a strategic way at looking at the issue.

  • Strategic approach
  • Personal attention
  • Thoughtful advice

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