Lawyers encounter common problems in real estate law in Miami. The real estate sector is growing dramatically in Miami and worldwide, and agents and lawyers are experiencing a surge in their workflow and the problems that come with it.
Law is an important part of real estate, and it comes with its challenges, such as these:
Top Real Estate Legal Issues In Miami
Misstated Facts (Misrepresentation)
Misrepresentation of information is quite common in business, whereby a real estate agent, seller, or buyer will withhold important information that may affect the entire house sale process.
Misrepresentation is one of the real estate law issues since one party is left feeling cheated and may choose to pursue legal action.
The best way to avoid these real estate legal issues as a lawyer is by ensuring that the real estate agents have the seller’s full information and details about the property to ensure that they are accountable for any misstated facts.
Scams are not a new occurrence in real estate. It may come as an advertisement showing a different home than what is really available. It may also come in the form of a scammer posing as an agent, preying on unsuspecting home sellers or buyers without the right credentials.
Such real estate law issues call for alertness on the client’s side, and the lawyer’s to ensure that none of their clients fall prey to such scams. Lawyers should ensure that the advertisements follow the set guidelines.
Problems With Enforcement Of Terms
Real estate involves two sides of a coin: the buyer and a seller, both represented by an agent. Once a home is sold and both parties agree, one party may be reluctant to enforce the terms of their agreement.
For instance, a seller may be reluctant to move from their home even after a buyer has bought it. Such real estate legal issues require the lawyer to enforce the laws as per the agreement.
Disputes Arising From The Contract Terms
If one, or both parties (seller and buyer) fail to understand the contracts, they are likely to encounter some real estate legal issues, whereby they fail to follow the contract’s requirements or disagree on the terms.
To avoid any disputes, both parties should have a lawyer expound on the contract so that both parties fully understand its terms, to avoid learning about a term they hadn’t fully understood before signing the contract yet they do not agree with it.
This way, both parties are fully aware of the terms and what is expected of them, and if they do not agree with any of the terms, they can raise the issue before they sign the contract.
Need Help With Common Problems In Real Estate Law?
Most common problems in real estate law are easily avoidable with the help of a lawyer. Arturo R. Alfonso, P.A. will help you navigate all these issues making your real estate journey smooth and stress-free. Call us today!