In real estate, you need to be knowledgeable enough to stay competitive. There are many laws that exist under federal, state, and local sectors and it can get confusing.
Commercial real estate laws are complicated – that’s why a lawyer is necessary to help you through it. An average person who doesn’t know the ins and outs of real estate law is bound to have a hard time understanding how money and investments work. Real estate lawyers play a key role and their advice keeps real estate owners on the right track.
Here are five issues in real estate that owners should know about:
1.Landlord and Tenant Laws
Landlord and tenant laws vary and change depending on the state. It can get confusing, so consulting a lawyer would be the best thing to do so that you know what your rights are. The laws particularly have clauses that relate to topics of rights to privacy, taxation, disclosures, termination of tenancies, paying rent, and more.
It is best to consult a lawyer if you have questions regarding tenants. That way, you also get a better understanding of how to deal with tenants when the situation comes while knowing what your rights are. It’s important to also come to terms with your tenants.
Disclosure laws are related to the location of a property, the shape it is in, and the type of restrictions that are placed on the property. This helps give renters a clear outline of what to expect so that they have a structure that they can read, understand, and agree to.
As owners, it’s your responsibility to disclose if there are any aspects of the property that may raise concerns, such as toxic substances in the area or building. Most renters want to know upfront if the area has major traffic, or if it is very accessible or far from town, etc.
3.Zoning/Land Use Laws
This mainly concerns regulations on how zoning is published and enforced. It tells you how a property can be used. If you’re not sure you can operate in a way that you want to, it’s best to consult a lawyer. There are different types of operations or structures that may not be suitable or appropriate for the area. Know what you’re dealing with first to avoid losing money.
If property rights are stepped over, you may get shut down. Owners may need to apply for changes to zoning processes and then get approval. This can get tricky when leasing space for business.
Binding contracts have to be specifically spelled out to stand up to challenges that may arise from both parties involved. It has to be accepted by both parties as well.
Most contracts that get drawn up in the United States usually fall under the Uniform Commercial Code or the U.C.C. While real estate sales and contracts fall under the Common Law of Contract. So whether the agreement between both parties falls under Common Law or U.C.C, a qualified real estate lawyer will be needed to help answer all the questions about the transaction.
Insurance is one of the most important things when it comes to business and homes. It’s even more important for commercial properties. The insurance covers the property and incidents that may occur in the property. However, most homes and property insurances do not protect the tenant of the property.
Tenants will need to have insurance of their own so that they’ll be covered in certain states. In case of emergencies, it is advisable to clarify this part of the agreement with tenants. A real estate lawyer can be a big help in explaining variables and concerns to tenants and owners.
Being a real estate owner can be exhausting. There are many things you have to deal with to ensure that everything’s fine. This includes learning the laws and rights you have when dealing with real estate. Having basic knowledge about real estate law is an advantage so you’ll be able to navigate through certain problems on your own.
But there will be times, certain situations, or circumstances that will lead you to seek legal advice especially when your investments are involved. So when things go wrong or if things seem impossible, do not hesitate to seek legal advice from reputable lawyers.
Based on Materials from Spolzino Smith Buss & Jacobs
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