3 Times You Need a Real Estate Lawyer

Posted on: 5 January 2017


Buying, selling and owning property can be risky. The intricacies of law surrounding these transactions mean that a lot can go wrong, whether you're looking to purchase, trying to sell or have recently sold, or even if you own new property or have owned it for years. When trouble arises around property, it might be time to consult with a professional. Here are three times you need a real estate lawyer.

1. A third party is challenging your right to title.

When a property changes hands, a title search should be conducted to ensure that no one besides the seller has legal claim to the property. In some cases, however, a limited title search may have been done instead of a full coverage title search. In the case of the former, it's possible that some lien or claim against the property was missed, in which case you'll need a real estate attorney to clear up matters.

2. You live in a community property state. 

A community property state has laws regarding property ownership between people who are not married. In a community property state, two or more people who are living together for a certain number of years may legally claim rights to shared property in which they lived. If you live in a community property state and are separating from someone who you lived with, you'll want to have a real estate attorney get involved to counsel you on the fair distribution of any real estate property assets.

3. Your tenant is engaging in illegal activities.

As a landlord, you entrust the care of your property to your tenant. Once the lease is signed, your tenant has the freedom to do almost anything on or in your property, so long as it's within their legal rights. However, in some instances, you may find that your tenant is using the premises to engage in activities that are illegal. These activities might jeopardize the landlord's reputation, the reputation of the property, or even place the landlord in a vulnerable litigious situation where they could be sued. If you have a tenant whom you suspect is engaging in illegal activities, consult with a real estate attorney to discover what actions you can take to rectify the situation.

Real estate attorneys are available for consultation on these three matters, as well as many more. Contact a real estate lawyer in your area for more information.