Considering how much money is involved in real estate transactions as well as the sensitive nature of effecting people’s living situations, it’s not uncommon for unfortunate circumstances to require some form of legal action. Between realtors, landlords, and tenants all fighting for the best deal and to be treated fairly, it’s no surprise that so much conflict can arise.
With the constant fluctuation of the housing market, it can sometimes be difficult for realtors to unload homes to buyers. Unfortunately, this can cause some sellers to cut corners and stretch truths to make a sale. Older homes can contain health hazards that can be harmful to tenants but considering how much that would drop the sales price or simply sway any buyers from being interested, it’s not exactly exciting news to share with interested parties.
One common danger is the use of lead paints before it was discovered how harmful it can actually be. The department of real estate found that the majority of houses built before 1978 consist of of some potentially hazardous lead paint. If a real estate agent chooses not to disclose this information to buyers, the state can criminally or civilly prosecute them in real estate law cases.
In an attempt to prevent any landlords or realtors from taking advantage of others, the Statute of Frauds requires written proof of three contracts used in these transactions. For renters, leases are required for any individuals living in a domicile for more than a year. For home sales, commission agreements between principals and real estate licenses, as well as contracts for the sale of any real estate, must be in writing.
When property law cases escalate to the point of requiring in-court resolution, judges must make decisions in a timely manner given the frequency of these cases. Within an average of 20 days after the initial filing of a request to set the case for trial by either the tenant or the landlord, a judge will hear and make a decision on the claims so they can quickly move onto the next of many real estate law cases.
Given the regularity of these cases, real estate attorneys are well-versed in handling any personal property law cases. Many can likely settle these disputes without having to present them in court but if that proves to be necessary they will be well aware of how to handle the situation. Real estate law cases can be complex and very costly whether it to be a hit to your bank account or especially your home. Real estate lawyers can resolve these issues and keep you comfortable in your own home.
