Do I need a lawyer when it comes to Real Estate? Isn’t a real estate agent all I need?
It is a common question and the answer is that having a good attorney in the real estate shuffle is essential for protecting all parties involved in the transaction. The market in Las Vegas and the surrounding areas has been steadily heating up since the lows of 2012. A real estate deal can go to the edge of disaster multiple times in the process of buying, selling or renting, a property. A good team keeps you in a better position for a favorable outcome.
Here are a few ways our office helps our Real Estate clients:
For Agents
Often, a last minute issue can present itself, preventing a sale from closing. Working closely with an attorney can help resolve any issues that may arise so that you can close your sale. Additionally, obtaining an attorney to help you along the way protects the agent from giving legal advice and opening themselves to liability.
Our firm is experienced with handling the sales of properties that are in the foreclosure process and we have many years of experience negotiating with servicers on short sales and often obtaining deficiency waivers for the clients. Additionally, we have represented many clients over the years in the Nevada Foreclosure Mediation Program and have been able to postpone and halt several foreclosures allowing the agent and the client the ability to complete their sale.
In addition to foreclosure prevention options our office can help assist with non-traditional sales and other unexpected issues that may arise during a sale.
Sellers
In addition to real estate law our office also handles debt relief. Often times agents will bring clients into our office who are attempting to sell their property; however, they have discovered that judgments and other liens have been attached to the property. These liens and judgments will remain on the property and will prevent a sale from closing unless they are removed. We will contact the IRS, and other state and city entities to negotiate the removal of tax and other government liens. Additionally, we can assist with the negotiation and short payoff of other liens owed. If payoff is not a feasible option for you, we can evaluate you for a bankruptcy.
Another problem sellers’ face is that sometimes they choose not to use a licensed agent to sell their home. If you are not using a licensed agent you should contact an experienced attorney prior to selling your home. We have seen many cases over the years wherein the seller did not require the buyer to sign an agreement or they simply used a purchase agreement they found online. As such, these sellers have found themselves involved in litigation because the terms of the agreement or lack thereof were not clear and a dispute has arisen over the amount owed to them. These cases are unnecessary and could have been avoided, saving the seller the time and expense of litigation.
Buyers
There have been times where buyers have purchased a home only to find out afterward that there were previous issues with the home that the seller was required to disclose but failed to do so. This has left many new homeowners stranded with expensive problems that their insurance will not cover. We can assist these homeowners with seeking damages against the seller for their failure to disclose these issues.
On the other hand, sometimes issues arise prior to closing that place the seller in breach of the purchase agreement; however, the seller refuses to return the earnest money deposits made by the buyers. We can negotiate with the escrow companies holding your funds and often have them returned to you without the need for litigation.
Landlord/Tenants
We draft agreements, resolve disputes, and handle evictions from both sides.
When it comes to real estate transactions, you are well served and better protected with a good Real Estate Attorney on your side whether you are the buyer, seller, agent or investor.
