Real Estate Law
The law firm of BuxmanKwitek, P.C. offers highly qualified attorneys for almost all real estate matters. Our attorneys are experienced in commercial and residential purchase and sale transactions, contract and deed drafting and review, lease drafting and review, foreclosures, land development, homeowners’ associations, boundary disputes, adverse possession, quiet title, landlord/tenant issues, and real estate litigation.
Real Estate: Frequently Asked Questions
Do I need an attorney to purchase a home or commercial property?
Buying a home or a commercial property is no small investment. There are countless documents involved and decisions to be made and there may be numerous people to deal with ranging from lenders, real estate agents, and title companies to builders and inspectors. Having an experienced attorney guide you through the process and assist the purchase or sale can ease your mind and ensure that someone is looking out for your interests every step of the way.
What is a quit claim deed and when should I use one?
A quit claim deed transfers property rights from the grantor of the property to the grantee of the property. By using a quit claim deed, the person transferring the property makes no warranties about the title to the property. To be valid, the deed must meet certain requirements. A quit claim deed is commonly used when a gift is made or when property is being transferred between family members. A quit claim deed is also commonly used in divorce proceedings to transfer one of the spouse’s interest in the property. These are not the only situations in which a quit claim deed can be used. An experienced attorney can help you understand when you should utilize a quit claim deed, what your rights and obligations are when using a quit claim deed, and can ensure that the deed conforms to all the proper requirements.
How do I transfer property when one of the owners has died?
If the property was titled as joint tenants with a right of survivorship, then all that needs to be done to accomplish a transfer of the property to the surviving person is to record the death certificate. Care should be taken to ensure that the name on the death certificate matches the name on the title to the property. If the property was titled as tenants in common, a probate will need to be opened and the transfer of the property will take place through the probate process. Our experienced attorneys can answer all of your questions and help you with any type of property transfer.
I loaned money to someone to buy a house and now that person has stopped paying me. What can I do?
If you receive a promissory note and Deed of Trust from the borrower, you may have a right to foreclose on the property. There are numerous factual issues that impact whether you can or should foreclose. Is your Deed of Trust properly recorded? Is your Deed of Trust senior in priority to other liens on the property? What notice do you need to give before filing the foreclosure? Is a Public Trustee foreclosure or judicial foreclosure more appropriate?
If you do not have a Deed of Trust, you may be able to sue for money damages for breach of promissory note. If you did not obtain a promissory note, you may still be able to establish your right to repayment of the loan, but it will be more difficult.
How much will an attorney cost?
Our fees range from $175.00 per hour to $250.00 per hour. In some instances, a flat fee may be appropriate.