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The Hidden Truths About Real Estate Law

Real estate law is a broad area of law that has many subspecialties. It covers everything from buying a house to selling it to renting it out and much more. Real estate law also covers some legal issues unique to real estate transactions, like purchasing property through an LLC or finding ways around zoning laws when you want to build on your land. Real estate law can be confusing because many aspects of buying, selling, owning, and renting property are regulated by federal and state rules that vary by location. Are you a Port Orange resident looking to learn more about real estate law? We’ve got you covered!  

Conflict of Interest 

The law may not protect you if something goes wrong with the purchase. It is essential to know that in some cases, even if you have an attorney, you may not be protected by the law. This occurs when your attorney has a conflict of interest that prevents them from representing you effectively. For example, suppose a family member is trying to sell his home and hires an attorney to handle all the paperwork. 

However, due to various conflicts of interest between this family member and other family members involved in the real estate transaction (due perhaps to another person wanting their share of the property), no one person’s interests can be represented properly. In such cases where no one can represent everyone’s interests fairly and honestly – especially when those interests are competing with each other – then courts will not allow attorneys who have conflicts of interest onto their dockets as counsel because they cannot represent clients properly without bias or favoritism toward certain parties involved in litigation matters like real estate disputes over property sales agreements gone wrong. 

Therefore, it would prevent justice itself from being served if court proceedings were allowed against someone who had no legal representation because their lawyer was disqualified due solely on technicalities pertaining instead exclusively towards whether they could practice law within said jurisdiction.”

Real Estate Closing Laws

You might think you know what’s up with real estate law, but there are some things you’ll only learn once you start working in the industry. For example, federal and state laws can be different: while federal laws are more general and set broad guidelines, state laws are more specific and apply to smaller groups of people. The good news here is that while federal laws may change regularly, state rules tend to remain static. 

Closing Issues

When you buy a home, many things can go wrong at closing. For example, the property title might be in dispute or subject to litigation. Or maybe the seller forgot to pay their taxes for several years and now owes thousands of dollars in back property taxes that were not disclosed on their real estate disclosure statement. 

The buyer may also find out at closing that the interest rate was higher than expected and will increase monthly payments by several hundred dollars per month. Or perhaps they were unaware that they needed mortgage insurance because of the low credit score or income information provided by the lender when applying for the loan. These factors could cause delays at closing and additional fees associated with obtaining these items after finalizing your purchase contract through escrow instructions.

Settle Real Estate Issues Without Going to Court

There are ways to settle your real estate issues without going to court. One option is mediation, which means that a neutral third party helps both parties come up with an agreement they can live with. The mediator may also suggest the settlement terms and ensure they’re fair. Another option is negotiation when you and the other party meet together and discuss the situation until both sides agree on a solution.

Negotiation doesn’t always work because it relies on communication between two people who are often angry or upset at each other—which can lead them down paths where they hurt one another more than help themselves! This can happen even after an agreement has been reached; sometimes, just talking about things isn’t enough! That’s why arbitration exists: It’s a way for some disputes not requiring court intervention to go through an impartial third party (the arbitrator).

Some cases that might go to arbitration include contract disputes between landlords/tenants or business partners and sometimes spouses and wage disputes between employees/employers. 

Real Estate Law is Not a One-Size-Fits-All Scenario

Real estate law is known for being complicated and confusing, but this is not always the case. Real estate laws vary from state to state, meaning there is no one-size-fits-all solution when resolving real estate problems. Many different types of real estate law deal with various scenarios, including:

  • eviction notices
  • foreclosure proceedings
  • contract disputes involving home builders or contractors

Real Estate Law: Cobb Cole Attorneys at Law 

Real estate lawyers have been trained to bring mutually beneficial solutions for both parties involved. Their job is not just to ensure that the seller gets paid what they’re owed but also to ensure everyone involved in the transaction feels like they’ve gotten a fair shake out of it. This way, there are no hard feelings or ill will between the two parties, and you can go on with your life without worrying about lawsuits or foreclosures.

While real estate law is often associated with litigation and preventing lawsuits, it’s also about helping people find solutions for their legal problems. Buying or selling a home can be complicated, and potential buyers and sellers might not always understand the ins and outs of real estate law.

Real estate lawyers can help you understand your rights when buying or selling property. They can also help you ensure that both parties involved in a transaction are protected from any hidden pitfalls. If you are facing a real estate issue or need someone’s expertise in this area of law, contact us today! We will be happy to assist you with any questions or concerns you may have about your case.

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At Cobb Cole we’ve stacked the deck. Each of our talented attorneys provide uniquely specialized service areas enabling us to offer an expansive variety of essential services to our clients. For each service we offer, multiple attorneys on our team collaborate together so that you get the best service available.

Daytona Beach

Located in the heart of downtown Daytona, steps from the Halifax River and the Volusia County Courthouse Annex, our Daytona Beach office is comfortable, safe, and easy to access.

DeLand

Nestled into the vibrant downtown Deland community, our DeLand office is walking distance from the Volusia County Courthouse. This smaller satellite office is ideally located in DeLand.

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