Los Angeles Real Estate Attorney
Resolving Real Estate Matters in Southern California
If you are facing any type of real estate matter or are in need of assistance with a real estate agreement, you need a skilled real estate lawyer from the Law Office of Steven R. Lovett. Whether you are a buyer, a seller, a property owner, a developer or a construction worker, we are prepared to help defend your rights. Oftentimes people ask when they should team up with a lawyer when buying or selling a house.
If you are a first time buyer, it is important to have an experienced Los Angeles real estate lawyer by your side even when searching for a home. Any buyer, even if this is your fourth house, should definitely have a lawyer for the process of making an offer and signing an offer agreement. As a seller, you should consult with a skilled attorney early on before you sign a listing agreement with an agent. Some of the many real estate issues that we are familiar with handling include:
- Purchases and sales
- Real estate closings
- Lease negotiations
- Boundary line disputes
- Construction defects
- Landlord/ tenant issues
- Land use
- Zoning laws
- Neighbor disputes
There are many other real estate litigation issues that we can help with so feel free to call an attorney from our firm right away. We can discuss your case and answer your questions at no charge.
When is a real estate agreement binding?
Any type of agreement whether you are the seller or buyer of real estate, must be in writing. In order for it to be binding, the statute of frauds rule states that it has to be in written form. This is also the case for leasing real estate. If the lease is for a period longer than one year, the contract has to be in writing. Due to this, it is important not to sign any form of written document without speaking with a lawyer first. A typed or handwritten "letter of agreement" or "letter of understanding" can end up being a binding document if signed by both parties. Many people make the mistake of signing something because they assume it is not a contract, but end up signing away their rights. The key here is to not sign anything at all without speaking with your attorney first.
The Role of a Real Estate Broker
A real estate broker is a third party who acts as an intercessor between the buyer and seller in a real estate transaction. This person is a fiduciary, which means that they are obligated to provide diligent and faithful service. This entails full disclosure of information regarding the real estate and subject matter of the real estate agency. If a piece of real estate is in an earthquake fault zone or hazardous zone, a form prescribed in Civil Code §1103.2 is required. A real estate broker has to perform in a reasonably competent and diligent way when visually investigating the property, and has to disclose all information that would affect the value or desirability of the property.
What is "specific performance"?
Specific performance may take place if a party backs out of a real estate contract. If have experienced this type of breach of contract, you may be able to sue the other party to make them move forward with the purchase or sale. In order to do so, you will need to prove all of the following:
- The agreed sale price is fair and adequate
- The agreement is just and reasonable
- The terms in the contract are enforceable
- The performance sought after is the same as promised in the contract
Handling Easements & Arbitration
Easements is one of the main real estate issues we handle. An easement is an interest in the land that another person has, which entitles the easement owner to use and enjoy the land without owning it. An easement owner is simply an owner of an interest in the property who has the right to use the property for a specific purpose. Easements can be created for a need, by prescription or voluntarily.
Many real estate matters can be resolved through arbitration. This is generally a quicker and cheaper way to reach an agreement. The arbitration award is final and legally binding just as an order through the court. This process operates under the same principals and laws as a trial, but is less formal. Arbitration can be mandatory or voluntary and the terms can be binding or non- binding. If they are non-binding, the process is more like a mediation which attempts to help parties find a middle ground. For help in your easement or arbitration, contact a Los Angeles real estate attorney from the Law Office of Steven R. Lovett.
Need a lawyer for your real estate law matter?
If you are facing any type of residential or commercial real estate transaction, dealing with a breach of contract or need help with a landlord/tenant issue, contact our firm. We have almost 40years of experience helping individuals throughout Southern California resolve their real estate matters.
We also offer a free telephone consultation so feel free to call our firm at (888) 577-1518 and speak with our real estate attorney today. We may be able to help you reach the end result that you need and want.