Keep These Tips in 4 Mind When Moving From House to House

property developmentMoving from house to house? There are many aspects to keep in mind when moving. You have to be aware of not only your old property that you are selling, but the new property, as well as any issues that may come up. Planning out everything in advance with an experienced real estate professional can help ensure this process to be a seamless transition and will provide you with the care and information you need to begin your new life. Keep these important tips in mind when moving from house to house:

  1. Closing Plan — Closing on a house typically takes around 40 days. It’s important to always have a backup plan if the closing date gets pushed back even further for any number of reasons. Having a place that can be used to store many of your larger items is essential while moving. Discuss temporary living arrangements with family members or hotel clerks.
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  3. Purchasing Contract — Once you have entered into a purchasing contract, make sure a closing date has been specified. Within four to 10 weeks is the average but it varies depending on the state.
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  5. Property Development — Focusing on property development of your new and old home can help increase the value of your old home, as well as improve your new one. According to the National Association of Realtors, about 77% of all homebuyers have an inspection done before they finish purchasing of the home. Doing this will enable you to prepare for all the maintenance once you actually move in and can help solve any potential problems. If the property owners you are purchasing from are withholding necessary information, there are plenty of personal property law cases that can assist you.
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  7. Real Estate Attorney — Consulting with a real estate attorney before, during, and after the home buying process is extremely important. They are professionals who are there to ensure a fair and stress-free buying process. They understand property law and can assist in any home purchasing conflict, no matter the situation.

Consulting with a real estate attorney, having a strategy regarding the closing date, successfully enforcing property development methods, and reviewing the contract can all help the home buying process be as easy as possible for you.

When to Consult a Real Estate Law Firm

zoning restrictionsConsidering the fact that the median sales price for a home in California is around $390,000, it’s no wonder that there are a lot of precautions involved in the California real estate industry — foreclosure requirements, zoning restrictions, building code violations, and many more issues. Consulting a real estate law firm can be just what you need to avoid any future problems, but there are also a few things you should be aware of just in case:

Foreclosures

  • In 2013, one out of every 96 homes reported at least one foreclose.
  • Nearly one out of every 200 homes will be foreclosed.
  • Because state laws have strict regulations, homeowners need to be notified of potential foreclosures and opportunities to pay before the property is actually foreclosed.
  • If you believe that your home is at risk of being foreclosed, consult a real estate law firm immediately.

California Law

  • Any property that is abandoned, according to title 10 of the California civil procedures code, is classified as “unclaimed property.” Property can remain unclaimed for three years. After that time — if no one claims the property — it transfers to the possession of the California government.
  • California landlords must provide at least 60 days notice to a tenant about evicting them if they have lived on that property for more than one year.
  • Real estate agents are required to disclose any deaths that occurred on a property within three years before the sale, according to California law.
  • In California, it normally takes about 40 days to close on a house.

General

  • Boundary disputes play a large role in many commercial property installments. Make sure to take any zoning restrictions into effect.
  • Make sure to get any and all inspections done before completing a home purchase. There could be many things that go wrong if you wait, so it’s best to stay on top of everything.
  • Every state is different, but typically, a closing date within four to 10 weeks is usually the case. Obviously, if there are problems at inspection, this could delay the process months if not handled properly.

If you’re not sure when to consult a real estate law firm and you’re in the middle of buying or selling a house, it’s probably best to consult with them right away. It’s better to go in well-prepared as opposed to not prepared at all. These firms will help you with things that you aren’t exactly comfortable with: eviction law, code violations, zoning restrictions, and general property law. They are there to help you and make your home buying or selling process as easy as possible.

The Basics of Property Dispute Mediation

property dispute mediationIf you find yourself in the middle of a real estate or boundary dispute, you need to learn about your state’s (or your home’s state) real estate laws and regulations. These real estate laws can be difficult to navigate and shouldn’t be attempted without the consultation of a professional.

When seeking to resolve a property dispute, invested parties have three general options:

  1. Negotiation
  2. Arbitration
  3. Mediation

A settlement reached by both parties without the help of a neutral third-party is considered a negotiation. Many real estate agents and brokers negotiate to solve issues that arise during the home buying and selling process. For instance, the National Association of Realtors recommends doing a walk-through and inspection of a home before completing the purchase. If a homeowner accidentally puts a hole in the wall while moving out and the buyer sees it during the final walk-through, the real estate agent may offer to pay for the repairs to keep the buyer from pursuing further action.

Arbitration is considered the most common avenue chosen for settling real estate disputes. This requires a third party to come and make a final settlement decision that both parties must adhere to. Each state has strict regulations regarding proper foreclosure as well as opportunities to pay before the property is sold. If a homeowner feels that they haven’t received proper opportunities to pay the bank, they can pursue arbitration.

Mediation is an ideal way to resolve a dispute that can’t be settled between two parties who refuse to pursue arbitration. Property dispute mediation entails a neutral third party stepping in to help those involved come to a mutual agreement. A mediator doesn’t make an ultimate decision for the settlement, but instead helps guide the feuding parties to a compromise that satisfies both. This method can be pursued as a last-ditch effort before seeking arbitration.

Mediation is the perfect way to solve breaches of contract. A real estate purchase contract outlines the timeline of the home buying and selling process, including a closing date. If either parties fall outside of that timeline and a dispute arises, property dispute mediation can remedy the situation.

Property dispute mediation is an avenue that many homeowners and real estate agents choose when an issue arises. While the causes of disputes vary from breech of contract to eviction, mediation allows both sides to be heard, making it a popular choice for those hoping to find a solution without getting a real estate lawyer involved.

Quick Look: How to Settle a Real Estate Dispute

real estate disputeWhile there are many factors that contribute to a successful settlement of a real estate dispute, educating yourself on the fundamentals of settling such a dispute can help prepare you. When it comes to real estate law, there are common causes of dispute, such as:

  • Foreclosure: Out of every 200 homes, one will be foreclosed upon. Foreclosure is strictly regulated by each state, requiring proper notices and opportunities to pay before the property is sold in a foreclosure sale. It is recommended that you seek the assistance of a real estate lawyer as soon as you are threatened with foreclosure.
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  • Breach of contract: When you’ve become a party included in a purchase contract, the length of time the process takes will be outlined in your real estate contract. A closing date should be specified. For most cases, this can be between four and 10 weeks, though it varies from state to state. If a party has breached such a contract, this may be enough cause for a dispute.
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  • Eviction: After being evicted or threatened with eviction, some tenants may feel that they’ve been wronged by the landlord or vice versa. If the dispute escalates to a court setting, the case will be heard within 20 days (on average) after a request for a trial is filed.

After recognizing the real estate dispute, involved parties have options for settling the issues at hand. The method of resolution chosen will be based on the circumstances and it should be based on the individual case. The different types of resolution include:
 

  • Negotiation is the direct bargaining between two involved parties. This is used as an attempt to resolve a dispute without involving any third parties. An example of this would be if a buyer found damage to the property that was incurred by the owner after moving out. A real estate broker or agent may offer to fix the damage out of their own pocket to avoid getting the seller involved.
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  • Mediation requires a neutral third-party to help both parties come to a mutual agreement. A mediator does not make a final decision, but instead helps others make a decision together.
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  • Arbitration comes in handy when neither party can come to an agreement. This means a third-party will come in to hear both sides of the case and then make a decision on their own. In a binding arbitration agreement, the final decision must be followed and enforced.
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    While educating yourself on the basics of real estate disputes and settlements is a great first step in solving an issue, seeking the consultation of a real estate lawyer is the best way to make an informed decision about an avenue of resolution to pursue.

    Boundary Disputes 101: What You Need To Know

    boundary disputeBoundary disputes are some of the most common problems in real estate law today, and if you’ve encountered a boundary dispute with your neighbor, it’s important to realize that you’re definitely not alone! The best way to approach any boundary dispute is to contact a real estate attorney and discuss the problem at hand, along with possible solutions.

    With that in mind, here’s a quick guide about what you should expect during a boundary dispute with your neighbor:

    • Most homebuyers (around 77%) have inspections done on a home before purchasing it in order to identify any necessary repairs — and also to clarify things like boundaries between properties. If you’ve encountered a boundary dispute after purchasing a new home, the problem might really be as simple as a misunderstanding or miscommunication of where one property ends and another begins. It’s important to make sure that you have records of any inspections done prior to the dispute.
    • Many homeowners turn to real estate lawyers who also serve as negotiators/mediators and will work out a solution without taking the case to court (which can be very expensive and time-consuming). You may also consider calling a land surveyor to make an unbiased report on the disputed boundary line.
    • There are few more drastic ways to approach the problem as well, but it’s important to understand that these may not end well unless you have a strong case. You can sue your neighbor for trespassing on your property, for example, but you might end up living next to your enemy after the whole process is over (and no one would be happy in that situation).
    • It’s common for two neighbors to get along well until the issue of property improvements is at stake. Similar to California’s Statute of Frauds regarding three types of contracts, you’ll need to receive official approval (usually in the form of a paper permit) to make certain improvements to your property before beginning construction. Without the prior approval, your neighbors will likely be able to take legal action against you if they decide they aren’t pleased with your new home improvement project (and vice versa).

    All in all, you’ll want to make sure that you consider your options before taking a boundary dispute to court. Many real estate lawyers can negotiate a settlement for these disputes which please both parties involved. It’s estimated that around 95% of cases can be handled outside of the courtroom, and a good real estate law firm will be able to help you navigate the process — even if it ends up involving court.

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