Legal Services in Los Angeles
Resolving Real Estate Legal Issues Throughout Southern California
Facing a complex real estate matter or need assistance with a real estate agreement? Choose a real estate lawyer at 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 under federal and state law.
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 a real estate attorney by your side even when searching for a home. Even if this is your fourth house, you should have a lawyer for the process of making an offer and signing an offer agreement. As a seller, you should consult with an attorney early on before signing a listing agreement with an agent.
At the Law Office of Steven R. Lovett, our attorney is backed by more than 40 years of experience. He is ready to answer any of your questions about real estate law during a complimentary consultation.
Contact us online or call (888) 577-1518 for a free phone consultation on your real estate law issue.
Complex Real Estate Matters We Handle
In a career spanning over four decades, attorney Steven R. Lovett has earned the extensive knowledge and experience in real estate law that you need for your case.
Below are just some of the real estate cases for which he provides legal representation and advice:
- Purchases and sales
- Boundary line disputes
- Neighbor disputes
- Real estate closings
- Lease negotiations
- Construction defects
- Land use
- Zoning laws
If your situation is not on this page, but is related to real estate law, do not hesitate to reach out to the firm. Our firm represents clients in a variety of legal matters, and our lawyer is ready to speak with you, 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. As a result, they can end up signing away their rights. The key here is to not sign anything at all without speaking with your attorney first.
Handling Easements & Arbitration
Easements are among 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 method of dispute resolution than real estate litigation. 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 nonbinding. If they are non-binding, the process is more like a mediation which attempts to help parties find a middle ground.
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 you 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:
- 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
Need a Lawyer for Your Real Estate Matter?
If you are facing any type of commercial or residential real estate transaction, contact our firm. Our attorney has over 40 years of experience helping individuals throughout Southern California resolve their real estate matters. We protect our clients interests through all aspects of their case.
Related Real Estate Blogs
- What Must I Disclose When Selling Real Estate?
- What are my Rights as a Real Estate Buyer in California?
We also offer a free telephone consultation so feel free to call our firm at (888) 577-1518 today. We may be able to help you reach the end result that you need and want.