Real Estate Law

A. Property

Real estate law involves many aspects, including the right to use and possess the property, the transfer of title to a new owner, the right to use the property as security for loans, creating new developments and land use such as zoning and ordinance. When buying or selling a property it is important to understand what is going on as well as plan the tax consequences of selling and buying the property. Buyers should make sure that they are sold properties with marketable titles and properties which will fit the purpose they intend to use them for. It does not make sense to buy a property for a business in an area of town that is zoned as residential. Or not understand the tax consequences the selling of a home can propel. Further, a real estate lawyer is able to explain the details of a purchase agreement and give better tools for negotiating for contingencies. Transactions usually dealt with including Sales and Purchases, Title Insurance, Quiet Titles, Contract for Deeds, Eminent Domain, Takings, and Tax Free Exchanges.

B. Landlord/Tenant

Oftentimes lawyers get involved in the landlord tenant relationship when the relationship has gone so wrong that it gets to court, often through an unlawful detainer (or eviction). The unlawful detainer is a court process in which the landlord tries to remove the tenant from his/her property. But other issues may arise such as liability in case of assignment, discrimination issues, constructive eviction…. Laws pertaining to evictions, rent abatement, escrow or housing violations usually constitute landlord/ tenant laws. When the rent is month to month both landlord and tenants can end it with a proper notice and for any and all reasons, discrimination and retaliation notwithstanding. If the rent is definite, then the lease agreement does govern the parties’ action and only a serious breach can end the lease. If issues arise, a landlord cannot forcibly evict a tenant or shut off utilities or other essential services, but must properly file a motion with the court to take action. Tenants should first write to their landlords if they have issues with repairs, unfitness of the living quarters… before contacting the county or state housing authority or the courts.

Minnesota and New York.

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