Real Estate Law

What are some of the issues that a rental or lease agreement may address?

A rental or lease agreement should outline a number of key factors related to the rental or lease of property. This may include details about payments, recourse if payments are missed, the duration of the contract, what the property should be used for, who is liable for repairs, whether pets are allowed, whether subletting is permitted and any other relevant matters. A legally sound, thorough agreement is important if you want to avoid potential landlord-tenant issues.

When a real estate dispute arises, is litigation the only option?

Disputes are possible in any legal field, including real estate. If you are dealing with any type of real estate dispute, such as a property defect or boundary dispute, you may be able to resolve the matter outside of the courtroom through negotiation. This will usually be an attorney's first course of action, with litigation only considered if it is impossible to reach and out-of-court agreement.

How can an attorney help with a real estate purchase or sale?

Purchasing or selling a home or commercial property is a complex transaction. It is also most likely one of the largest financial transactions you may deal with in your lifetime, making it all the more important to ensure that your interests are properly protected. A real estate attorney can help by guiding you through every step of the transaction, conducting a deed and title review, reviewing and explaining all documents before you sign and otherwise protecting your legal rights. This can facilitate a faster and more beneficial transaction while avoiding costly, unnecessary delays or expenses.

Purchases and Sales

Contracts are the lifeblood of real estate transactions in America. If you are buying or selling property, the agreement must be solidified in contract form. With the help of an experienced real estate attorney, you can protect your interests throughout the entire buying or selling process.

Refinancing

When you choose to modify or refinance your mortgage on a home in New York, it is important to have a knowledgeable attorney on your side. Our attorneys can explain the difference between refinancing and a mortgage modification, as well as assist you in determining which would work best in your situation.

Lease Agreements

As a renter or a landlord, it is important to understand the terms of your lease agreement since it is a legally binding contract. An attorney at the Law Office of Christopher T. Wilcox can conduct a lease review with you so that you understand the disclosures and provisions of your commercial or residential lease prior to signing.

Our attorneys can also assist in drafting a lease agreement which suites your individual needs.

Evictions

One of the top reasons that many landlords lose money on their rental properties is because they fail to take action when a tenant issue arises. Regardless of whether your tenant issue is a failure to pay rent or some other breach of their lease, your rental property is in jeopardy. If you wait to take action, it will most likely become harder to evict your tenant down the road. The attorneys at the Law Office of Christopher T. Wilcox will assist with your tenant issues to have them resolved as quickly and economically as possible.

Real Estate Litigation

Sometimes real property deals may give rise to legal disputes. Our real estate lawyers will fight to protect your interests in matters including but not limited to:

  • Issues which may arise during or after the closing process
  • Security deposits
  • Foreclosures
  • Landlord/tenant disputes
  • Title issues
  • Land use issues

Real Estate Law

  •  
    When a real estate dispute arises, is litigation the only option?

    Disputes are possible in any legal field, including real estate. If you are dealing with any type of real estate dispute, such as a property defect or boundary dispute, you may be able to resolve the matter outside of the courtroom through negotiation. This will usually be an attorney's first course of action, with litigation only considered if it is impossible to reach and out-of-court agreement.

  •  
    What are some situations that may result in real estate litigation?
    Real estate litigation may arise from various issues. Some possibilities include: boundary disputes, homeowners association disputes, construction defects and delays, property defects, breaches of contract and landlord-tenant disputes.
  •  
    What are some of the issues that a rental or lease agreement may address?

    A rental or lease agreement should outline a number of key factors related to the rental or lease of property. This may include details about payments, recourse if payments are missed, the duration of the contract, what the property should be used for, who is liable for repairs, whether pets are allowed, whether subletting is permitted and any other relevant matters. A legally sound, thorough agreement is important if you want to avoid potential landlord-tenant issues.

  •  
    How far does the property owner’s duty of care extend?

    Property owners have a duty to maintain safe conditions for residents, guests, employees, and visitors. A trespasser on the property may still have a claim to damages upon injury, depending on the circumstances.

  •  
    How can an attorney help with a real estate purchase or sale?

    Purchasing or selling a home or commercial property is a complex transaction. It is also most likely one of the largest financial transactions you may deal with in your lifetime, making it all the more important to ensure that your interests are properly protected. A real estate attorney can help by guiding you through every step of the transaction, conducting a deed and title review, reviewing and explaining all documents before you sign and otherwise protecting your legal rights. This can facilitate a faster and more beneficial transaction while avoiding costly, unnecessary delays or expenses.

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    Do I have any options in the face of foreclosure?
    If you're facing foreclosure, you have options. You may be able to avoid foreclosure entirely and save your home through bankruptcy or loan modification. If you wish to sell or surrender the property, you may consider a short sale or deed in lieu of foreclosure. Your options will vary depending on your goals and the unique situation.