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REAL ESTATE

Real Property Law

Each Friday we accept appointments for free consultations. If you are interested in setting up an appointment, please contact us at 407-245-1232. If you'd prefer, you can click here and fill out the form and someone from our office will call you.Real Property LawOrlando Real Estate Attorney

Listing Agreements

 

A listing agreement is a contract between you and the broker that creates the obligations and rights of the relationship. It is wise to consult with an property law attorney or a real estate attorney before signing any legal document or contract.

 

•  How much commission the broker expects and when it will be earned•  The length of the relationship•  The length of time a house will be listed•  Disclosures about the PropertyThe listing agreement usually provides:•  Material defects within the seller's knowledge - Many states require a seller who knows of a problem with the property to disclose the presence of this problem to the buyer.•  Actively conceal material defects - Generally, a seller cannot actively hide a defect in order to attract a buyer to the property.•  Buyer's Duty to Inspect - Most states find that the seller does not have an obligation to inspect the property before the deed is transferred. Thus, the buyer should hire someone to inspect the property for any defects that are not easily noticeable.•  Inspection Contingency - The buyer can place a clause in the purchase contract stating that the sale is contingent on a property inspection by a qualified engineer or construction expert at the buyer's expense.The seller is usually required to make specific disclosures about the property. This includes:

 

Encumbrances on the Property

 

An encumbrance is something that may prevent a buyer from taking the legal title or possession of the property. Most encumbrances are recorded at the county recorder's office.

Sometimes a piece of property can be sold subject to a mortgage or other financial lien. A buyer can check whether a piece of property has a lien or mortgage through the county recorder's office. Additionally, a title insurance company should inform you of any such encumbrances on the property.

A buyer may not have enough cash up front to pay the entire purchase price for a piece of property. A financial institution may be able to lend the buyer the purchase money and attach a mortgage to the property.

Do I Need a Real Estate Attorney if I Want to Buy or Sell a House?

A real estate attorney can guide you through the process, and help you negotiate a price that is right for you. A real estate attorney will also review listing agreements with brokers, offers, and purchase contracts before you sign them to make certain that your requests are met. Further, a real estate attorney can advise you on financing the house of your dreams.

Title and boundary disputes involve disagreements about who owns a piece of property, and the amount of area the property covers. Title and boundary disputes are becoming less common as better records are kept and property lines are more clearly defined. However, title and boundary disputes still arise, especially when title and boundary lines were recorded a long time ago.

 

Finding my Property's Boundary Lines

 

Plat Map

What Does it Mean to Have "Title"?

Title Insurance

Easements

Prescriptive Easement

 

Do I Need a Real Estate Attorney for my Title or Boundary Line Dispute?Title and boundaries are very essential issues, which may affect your rights as a property owner. A real estate attorney can help you determine the extent of your rights to your property. Additionally, a real estate attorney can help you defend any attack on your boundary rights and your title to your property.What Is an Agreed Boundary?Many property owners have a difficult time determining the boundary line between their property and an adjacent property. Often, neighbors will agree on a property line even though it may not be the true property line. This can lead to many problems because of inconsistencies at a later date.Will an Agreed Boundary Line be Legally Binding?It is possible for neighbors to have their agreed boundary made legally binding under certain circumstances. This agreement will be enforceable even if a surveyor later determines the true boundary line. However, the agreed boundary line must have been effective because of confusion or uncertainty as to the true boundary line.What are the Elements of an Agreed Boundary Doctrine?There are various elements that are necessary for an agreed boundary line. These elements include:•  Uncertainty as to the true boundary line•  Landowners must agree on the boundary line•  Owners must affirm and act as though the new boundary line is the true boundary line•  Owners should identity the new boundary line. This can usually be accomplished by erecting a fence or some other identificationIf one of these elements is not met the agreed boundary line might not be legally enforceable.Is the Agreed Boundary Enforceable against Future Parties?The agreed boundary doctrine binds future parties to the new boundary. There may be no property records in effect but the agreed boundary doctrine of parties will bind future owners. This occurs frequently when the agreed boundary line has been in effect for many years with the previous owners.Do I Need a Lawyer to Make a Boundary Line Agreement?The law regarding agreed boundary doctrines can be difficult. An experienced real property attorney can help property owners to put their agreements in writing to make sure no inconsistencies or disagreements occur. A real property lawyer can also check the relevant state laws in your area to determine what steps are necessary to finalize an agreed boundary line.What is Acquiescence to a Boundary Line?Acquiescence is a legal concept that determines the boundary line between two properties and overrules the boundary listed in the deeds. If the law of acquiescence applies, one property owner loses title to some amount of land and the other property owner gains it.When Does the Law of Acquiescence Apply?The law of acquiescence is concerned with adjoining property owners, both of whom are mistaken about where the line between their property is. Adjoining property owners may treat a boundary line, often a fence, as the property line incorrectly. If the law of acquiescence applies, then one property owner will lose all legal title to some amount of land. This is similar to the doctrine of adverse possession, however there is no requirement that the actions be hostile, instead it is based on a mutual mistake. In most states, the law of acquiescence can apply in three situations:•  Dispute and agreement - If the property owners have a dispute about where the boundary is and come to an agreement to settle the dispute, this agreed upon boundary line becomes the legal boundary, no matter what is listed in the deeds.•  Acquiescence for a statutory period - If one landowner treats a line as the dividing line between the property for the amount of time required by statute without objection from the neighbor, this line will become the legal boundary. The statutory period is usually quite long, often 15 years.•  Intention to deed to boundary line - This situation arises when a property owner intends to deed the property with the boundary line but mistakenly uses an incorrect description. In this case, the acquiescence to the intended boundary will fix the mistake.Do I Need a Lawyer?It can sometimes be difficult to determine where the boundary is between two pieces of property. If you have any doubt about the boundary to your property, you should speak to a lawyer to avoid losing title to land that is legally yours. A lawyer can advise you of your options as a property owner and represent you in court.

Contact our Property Law Attorneys

We handle a variety
of cases involving:

  • Landlord and Tenant Law

    The relationships between landlords and tenants of properties can involve complex issues. At NeJame, LaFay, Jancha, Ahmed, Barker, Joshi and Moreno, P.A., we are dedicated to representing landlords and tenants in landlord / tenant law, which can range from drafting and reviewing of contracts to filing or defending commercial evictions or disputes. MORE

  • Real Estate Closing Services

    The purchase or sale of a home is often one of the largest transactions an individual and/or family will make in their lifetime. From contract to closing, there are numerous decisions to make. For example, a Seller is required to make certain Disclosures to the MORE

  • Real Property Law

    Property law is a vast field of law related to the buying, using and selling of real property. Much property law is related to assessing the rights between landlords and tenants, between owners and mortgage holders and between people and governments. MORE

Additional
Resources:

•  Commercial Sales

•  Residential Sales

•  Escrow Services

•  Liens

•  Quit Title Actions

•  Mortgages

•  Promissory Notes

•  Loan Agreements

•  Assignments of Rents, Leases & Profits

•  Condominium Associations

•  1031 Exchanges

 

For information
during business
hours call
407.245.1232

 

 

Or send us a

407.245.1232

 

189 South Orange Avenue

Suite 1800

Orlando, Florida 32801

Office 407 245 1232

Fax: 407 245 2980

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