You are going to make the most expensive purchase of your life. Before you own a house in the United States, you need to know the Real Estate Law of United States and all the rights you are going to possess being the owner of a house. United States Real Estate Law invites not only its nationals but also the foreigners to come and buy any property in the United States. Also it enables the owner of the property to enjoy an endless list of rights associated with that property. Here you are going to know the most important aspects of real estate law without knowing which you cannot enjoy all these rights properly.
Preparation to Buy a House
The most important thing about buying a house is the preparation phase. You need to do much homework before you step into the process of buying. The questions why you are planning to buy a house? and is it the right time to buy it? be answered giving consideration to your family, health, job, financial position, near future events like job transfer, job change, children etc. If the answer comes in affirmation, then the next step is to arrange the funds. You need not to go for a Real Estate broker before you have all costs in your hands.
Arranging Funds to Purchase a House
Generally the main source of funding is the personal resources such as savings, inherited assets, or selling any of your assets or properties. The government of United States also promotes the home ownership in various ways. If you are living in United States and you don’t have residence of your own, the government is going to support you to arrange funds for purchasing a house through numerous channels so that you can drag and put a house in your affordability range. You can consider various types of housing loans, mortgages, and mortgage relief plans.
A Real Estate Broker Makes You Know The Real Estate Law?
The very first step to buy a house is to hire a Real Estate broker and this is the most crucial part of the game as well. This is close to impossible to proceed to buy a house without considering this part. There may be several requirements and wants which you have to think about while making a selection of the houses. The agents or the brokers are ones who can help you find exactly what you want. The general practice throughout the United States is the sellers hire a broker or agent and the buyer approach them subsequently. Their primary objective becomes to safeguard the interests of the sellers. So the brokers try their best to bring the buyers with in the sphere of the interests of the sellers. It rarely happens that they give priority to the interests of the buyers upon those of the sellers.
Real estate Broker without Prejudice to Your Interests
As a buyer you can adopt following two paths to protect your status as a buyer. The first one is preventive in nature and the second one is remedial one. The preventive act is to hire your own broker who will represent your own interests and will help you find a seller. On the contrary the remedial path is to approach the licensing authority or any other relevant authority which regulates or enforces the laws of Real Estate broker. There are well defined laws of Real Estate agent or broker which the brokers have to abide by. This path can be adopted only when you have evidence or any proof that the broker you hired has infringed any such law and has injured your interests.
What Real Estate Law Comes In Action When You Buy A House?
To understand statutes is the duty of lawyers and attorneys. As a layman, it is quite difficult to know all the laws related to day to day dealings. You can find all Real Estate acts and regulations here. There are well defined laws on buying a house which you cannot research on as a layman. You have to hire an attorney for this purpose. The most common Real Estate Law questions which you need to ask your attorney are as follows:
What is your maximum qualification in dealing matters of real estate law?
The relevant specialized qualification is a plus point. No doubt the highly qualified attorney may charge you two folds but, as aforesaid, you are going to make the most expensive transaction of your life so you have to secure your interests by means of hiring a competent attorney.
How long have you been practicing Real Estate law?
The attorneys with extensive experience know the best what legal consequences may occur out of any legal transaction. A layman can limit his own interests by committing any unconscious mistake in drafting a legal document. So, make sure to go for an experienced attorney.
Have you ever dealt with a case like mine?
The relevant experience of your attorney will benefit you in the process of buying your house. So, all you need to do is to look for an attorney with considerable relevant experience.
Are you going to attend my Real Estate closing as my attorney?
This is the most important question you need to ask your attorney before you hire him/her. Real Estate closing day is the final phase of the transfer of ownership of the house. So, all formalities of executing the sale deed ends on the closing day. Any minute slip of pen on the sale deed may deprive you from any right or bundle of rights on your future house like easement right or any other such right. On this day the transfer of the ownership of house is transferred from the seller to the buyer. The presence of your attorney is very important on this day. His/her presence may safeguard your interests and may protect you from any future dilemma.
The answers to these questions will help you decide whether to hire the attorney or go for another one.
What to do next after hiring a Real Estate Attorney?
Once you hire an attorney, your mental stress will be shifted. He/she will guide you throughout the legal procedure of making you the owner of the house. Now as you have your own attorney, you may ask him/her some more questions to keep yourself informed of some crucial aspects of being an owner of a house.
- What legal consequences I am going to face as an owner of a house?
- How I am going to handle a dispute, if any, before and after the sale deed is executed?
- How to deal with the contingencies?
- List of acts and omissions which may harm my title?
- What liabilities are going to arise as an owner of the house?
Apart from these questions, you should ask all that is in your mind. Your attorney is a law expert and it is your duty to explore all which may benefit you and protect you from any loss in future.
Real Estate Law Questions
To understand the Real Estate Law basics, following questions and answers will help you.
What is difference between Real Estate transaction and a deed?
The Real Estate transaction is actually the whole process of transferring the ownership of a property from the seller to the buyer complying with all legal formalities. Whereas, a deed is the legal document which shows the entitlement of any right or ownership of a property. One similarity in the two is that you cannot accomplish any of the two without hiring a Real Estate lawyer or attorney.
How should I resolve boundary disputes with my neighbor as per real estate law?
There are varieties of boundary disputes which are sometimes very simple and easy to handle and sometimes they are complicated and involve complex litigation. Most of boundary disputes and easements arise out of your sale deed.
Why a title review is significant in real estate law?
Title is a legal document showing the evidence of any right or ownership of any property. Buying any property with imperfect title will expose you to future problems. The basic principle of Real Estate Law in this regard is Caveat Emptor i.e. the buyer should be vigilant. The law will not help you out if you go for buying a house with imperfect title. So the title review is very important. It will tell you whether the title is clear or not.
How to deal with easement issues?
The owners of the houses in United States enjoy an endless list of rights but sometimes they curtail this list due to their own acts. This happens when they give easements to others by the sale deeds. Once you state anything in the sale deed which entitles any person or any class of persons of any easement, you cannot get back that easement. Sometimes easement issues involve complex litigation.
What should I do if I find the house not one represented by the seller or his agent?
The most common solution to this problem is to institute a law suit, though it is a very costly solution. The misrepresentation by or on behalf of the seller is an offence in Real Estate Law. The deed you have signed provides you various solutions to such issues and it may also deprive you of any right such as right to institute a lawsuit. For this reason, the terms of the deed need to be put in writing by an expert so that your interests may be safeguarded.
Can an attorney handle the cases of residential property and commercial property at the same time?
In Real Estate Law there is no any restriction on any attorney to deal in any one of the two. But in practice, the two areas of law are remarkably different from each other. The consequences and the issues which arise out of the residential property matters and the commercial property matters are not the same. For example, the easements and escrow issues are not associated with commercial property matters; likewise attornment agreements, guarantee and estoppels issues are common in commercial Real Estate Law.
How a Real Estate attorney can help you in zoning and land use issues?
Being subject to the Real Estate Laws, there are some limits in the use of your property which you have to give regard to. Even though you are the owner of a certain property, there are some acts which you cannot get done with regard to that property. These acts come under the heading of zoning and land use policies formulated by the Real Estate Law.
For example if you want to renovate your house, you have to consider zoning and land use guidelines. Once you have purchased a house and you have exclusive rights to enjoy all rights related to that house, still you cannot add to its building without giving consideration to the land use guidelines. All states of United States have their own distinct and well defined zoning and land use laws. The Real Estate attorney can save you from financial loss and mental stress out of zoning and land use issues.
How can you comply with the Caveat Emptor Rule according to Real Estate Law?
Caveat emptor means the buyer needs to be vigilant. In case of purchasing property, it is the duty of the buyer to make sure that the title of the property if free and clear and there are no adverse claims or liens. As a layman, the buyer cannot do it himself without assistance of any law knowing person. If he omits to do that he is likely to bear a considerable loss. For this reason, it is advised to get this task accomplished by a Real Estate attorney. As a law professional, he/she has grip on laws of selling Real Estate, so he/she may save your time and money.
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