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Real Estate Transactions

Real estate law pertains to the ownership, possession, use, and enjoyment of land and any permanent additions attached to it. This area of law impacts homeowners, renters, landlords, home buyers, home sellers, and commercial property developers. Real estate transactions, including buying, selling, and developing property, are significant financial endeavors that involve considerable risks and complexities due to numerous state, local, and federal regulations.

Real Estate Lawyer Services

Negotiating Deals and Drafting Contracts

Real estate transactions involve multiple parties and various documents, including contracts and sales agreements that outline the terms, conditions, rights, and obligations of the involved parties. A real estate attorney can draft, review, edit, and negotiate these contracts to ensure they meet legal requirements and protect client interests. Additionally, they can handle contract disputes, negotiate settlements, or represent clients in litigation if necessary.

Foreclosures

Foreclosures occur when a lender seeks to recover the balance of a mortgage from a borrower who has stopped making payments. Real estate attorneys can help clients understand their options in foreclosure situations, such as negotiating deals, filing for bankruptcy, seeking a short sale, or fighting the foreclosure in court.

Construction Financing

Construction loans are crucial for developing new properties and renovating existing ones. Real estate lawyers assist with the loan process, including pre-approval, application, project evaluation, approval, disbursement, and project completion. They handle contracts, perform title searches, develop contingency plans, ensure proper insurance coverage, and advise on regulatory compliance and risk management.

Easements

Easements grant the legal right to use another’s land for specific purposes, such as utilities or access. These can significantly impact property use and value. Real estate attorneys help draft, review, and negotiate easement agreements, resolve disputes, and advise on easement implications during property transactions.

Project Development and Legal Support

Smith + Malek’s real estate attorneys assist with various aspects of project development, from conception to completion. Services include navigating regulatory requirements, construction, easements, environmental compliance, financing, infrastructure development, land acquisition, master planning, permitting, public hearings, utilities, tax strategies, water rights, and zoning. The attorneys work to balance the needs of developers, lenders, tenants, public officials, and other stakeholders to find common ground and cost-effective solutions.

Hire Smith + Malek for Real Estate Transactions

Whether you want to pursue a commercial or residential real estate matter, Smith + Malek, can help. We have been helping clients develop, finance, purchase, sell, and invest in real estate since 2015. Our team of real estate attorneys is experienced in navigating the ins and outs of real estate law. Contact Smith + Malek today to learn how we can help with your real estate transactions.

States We’re Licensed In

  • Idaho
    • Boise & Coeur d’Alene
  • Utah
  • Washington
  • California
  • California
  • Arizona
  • Oregon
  • Alaska
  • Montana
  • Wyoming

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  • Romance and Real Estate – Buyers Beware

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