Real Estate Law Attorneys at O'Flaherty Law

Not All Real Estate Attorneys Are the Same

When you are looking for a real estate attorney to represent you, selecting a highly experienced attorney with an excellent support team who can handle your Real Estate Purchases and Sales (Residential & Commercial). The team at O’Flaherty Law can represent you in a broad range of real estate issues, from the sale of your home to a complex commercial lease for your business. The team at O’Flaherty Law can also represent you in real estate litigation, whether it is the breach of a real estate sale contract or you’ve been served with an eviction notice.

The potential issues presented by a real estate legal problem tend to be costly ones; you cannot afford to ignore a potential legal problem. Given that real estate is never cheap, you cannot afford to make a mistake or ignore a real estate problem; an easily avoided mistake could cost you thousands of dollars. It is best to have an attorney guide you through all real estate transactions. O’Flaherty Law is different because not only do we offer experienced and aggressive legal representation, but our client service is second to none.

Our Real Estate Attorneys are Here to Guide You Through the Probate Process!

We will begin with an initial consultation where you meet with an O’Flaherty attorney and have a frank conversation about your needs and goals. Once an agreement is signed between you and O’Flaherty Law, our team will begin working towards helping you reach whatever your goal is in real estate. You can count on regular updates and straightforward discussions about fees upfront. We have an open-door communication policy with our clients here at O’Flaherty, and you can rest assured that your questions and concerns will be addressed promptly.

What to Expect  from  Your O’Flaherty Law Real Estate Lawyer

Your O’Flaherty Law Real Estate lawyer will be able to guide you through the process of buying or selling a home with a special eye out for potential legal issues. If you have already encountered a legal issue, your O’Flaherty Law attorney will be able to assist you with resolving it. Unfortunately, the purchase and sale of real estate tend to be highly complex; mistakes by one or both parties in the transaction can be common, costly, and time-consuming. If you are dealing with a landlord-tenant issue, the stakes can be very high if you face an eviction. Having an experienced and aggressive attorney to assist you can make all the difference. The bottom line is that with so much at stake, it is in your best interest to have a real estate attorney to assist you and, ideally, avoid serious problems before they occur.

Your Real Estate Attorney’s Role in Buying or Selling a Property

Your real estate attorney can assist you in reviewing counter-offers or making counter-offers. Your real estate attorney can draft custom agreements and advise on any potential contingencies that need to be addressed before signing any documents. If the buyer or seller breaches the real estate sale contract, your real estate attorney will be able to either settle or litigate the matter, depending on the breach and the parties' willingness. Your real estate attorney will also be able to perform the necessary legal work to remove any cloud on the title, which means working on getting any liens or encumbrances removed and making the title free and clear.

Common Documents in a Real Estate Transaction

Offer to Sell - this can include amendments and counter offers. An offer to sell is where the seller writes out an agreement with terms, conditions, and deadlines that a potential buyer can choose to accept or decline. An offer to sell is a complex document with several potential pitfalls that should be carefully reviewed prior to acceptance.

Affidavit of Title or Seller's Affidavit - a signed and notarized document that explicitly details any problems with the title, including liens and encumbrances, as well as attesting to the fact that the seller is the owner and free to sell the property.

Deed - the type of deed used depends on the parties and the jurisdiction. Here are the top six most commonly used deeds.

Quitclaim Deed - offers the least legal protection. This type of deed is typically used when family members transfer property to each other. This deed guarantees virtually nothing. The buyer is left without many options if the property is not free of liens or encumbrances.

Warranty Deed - this is a more commonly used type of deed and comes in two types that offer different degrees of legal protection. The two types of warranty deed are the general warranty deed and the special warranty deed. The general warranty deed guarantees that the seller has full legal right to sell the property and is free of liens and encumbrances. The special warranty deed offers less protection than the general warranty deed. Still, it does guarantee that the seller has legal title and no encumbrances were placed on the real estate while the seller owned it.

Grant Deed - this type of deed only guarantees that the seller owns the property and does not offer protection against title defects.

Bargain and Sale Deed - a lot like a quitclaim deed. This only says that the seller owns the property and has the right to sell it. This deed offers no other protection. If there is a lien on the property, you will acquire the property with a lien on it.

Mortgage Deed - a deed between a borrower and a financial institution. When a party borrows money from a bank to buy a house, a mortgage deed is created, placing a lien on the property until the loan is paid off.

Deed of Trust - this type of deed transfers property from a trustor to a trustee for the benefit of a third party, the beneficiary.

Tax Transfer Declarations - a transfer tax is a tax levied on the transfer of property. Many jurisdictions require that a transfer tax be paid and an accompanying declaration of the tax being paid before they allow the new deed to be correctly recorded.

Real Estate Attorney Qualifications

Many law firms can claim that they have qualified real estate lawyers, but it’s difficult for the layperson to know what that means. Here is a short list of what a qualified real estate attorney should be able to do. The attorney should have experience in residential and commercial real estate and understand the different types of leases and all documents related to the purchase and sale of residential and commercial real estate. The real estate attorney should be able to draft all documents required in a real estate transaction, including sales agreements, deeds, and offers to purchase.

An experienced real estate attorney should be able to work with the real estate agent and title company to resolve any problems in the real estate transaction. In addition, be sure that your real estate lawyer has experience with Home Owner Association & Condo Association Law, Construction Contracts & Disputes, and Property Tax Appeals. It is also important for your attorney to have knowledge and experience in Mechanics' Lien & Mechanics' Lien Foreclosure. Last and most importantly, the real estate attorney should be able to explain the process to the client in a straightforward manner, making sure that the client understands the steps of the transaction and what is taking place.

Landlord-Tenant Law

Many law firms can claim that they have qualified real estate lawyers but it’s difficult for the layperson to even know what that means, here is a short list of what a qualified real estate attorney should be able to do. The attorney should have experience in residential and commercial real estate, understand the different types of residential and commerical leases and all documents related to the purchase and sale of both residential and commercial real estate. The real estate attorney should be able to draft all documents required in a real estate transaction; including sales agreements, deeds, and offers to purchase. An experienced real estate attorney should be able to work with the real estate agent and title company to resolve any problems in the real estate transaction. Last, and very importantly, the real estate attorney should be able to explain the process to the client in a straightforward manner, making sure that the client understands the steps of the transaction and what is taking place.

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Landlord-Tenant Issues

If you are a landlord or a tenant having problems with your rental space or lease, you can ask O’Flaherty Law for help. Our experienced real estate team can assist landlords and tenants with many real estate issues, including evictions. A few of the issues our firm sees most often are:

Wrongful Eviction - if you believe that you are being wrongfully evicted, you are allowed to have your say in court. Having an experienced attorney to speak for you can significantly improve your chances, given your situation.

Judicial Eviction - there is a possibility that your eviction can be stopped or delayed, depending on the reason for eviction. It could be helpful to at least consult with a real estate attorney to learn what options may be available to you.

Security Deposits - if you are a landlord who wants to keep a security deposit, you need to adhere to a specific set of rules for keeping the deposit. Suppose you are a tenant whose landlord is threatening to retain the deposit. In that case, you have rights, and an experienced real estate attorney may be able to help negotiate for the return of some or all of the security deposit if your situation allows.

Building Code Violations - if there are habitability issues with your rental unit, and the landlord refuses to fix the problem or pay to have the problem fixed, you have options. A consult with an attorney from O'Flaherty Law can be extremely helpful in resolving any building code violations quickly.

Drafting Custom Rental Agreements - some rental units require custom agreements that the attorneys at O’Flaherty Law can draft for you. If you are not a commercial landlord or do not own a large group of rental units, you may need something other than a standard boilerplate rental agreement. Consulting with one of our attorneys at O’Flaherty Law can help clear up any issues or concerns about renting a unique or unusual property.