Buying a home is a major expense, so it is very important that you understand and protect your rights as a homeowner.
There are many laws that apply to real estate and transactions involving real estate. A licensed real estate attorney can give you sound advice about your real estate transactions in order to protect your property rights.
I am a Homeowner. Why Would I Need a Real Estate Lawyer?
As a homeowner, you have the right to enjoy your home as you see fit. However, many things can happen that may appear to violate your right to enjoy your home:
- Sometimes building codes and zoning laws can interfere with your rights as a homeowner.
- Occasionally a complaint from your neighbors may cause law enforcement to investigate
- Building inspectors may seem to harass you at your home.
- There might be private and public easements that give others the right to use portions of your property
- Ordinances on noise and light may seem to disregard your rights.
- You might have a problem with trespassers.
- An easement to your property may be blocked by road construction or cars from a neighbor’s house.
- You might be threatened by lack of utilities or water rights.
- If you leave the home vacant, it is possible that someone can move into it and file for adverse possession, which actually threatens your ownership of the property.
- Homeowners rights are often violated during attempted foreclosures that don’t take into consideration the rights of a homeowner or the laws that guaranty them.
If you own property and you feel that your property rights are being violated you should consult with a real estate lawyer. As the owner of a property, you have the right to determine how the property will be used. A lawyer can delve into the history of a property to find out if there are any restrictions or covenants that existed before you purchased the property and whether or not they are valid by law.
Your property rights include the right use the land or property structures, the right to rent it, sell it or to transfer it. You even have the right to destroy your property or to protect the property from being destroyed by others.
If you own a home and are renting or leasing it to others, you may experience problems you’re your tenants. See our section on Landlord-Tenant Rights for more information.
I Am Buying a Home. What Are My Rights?
Home buyers rights are better defined than home owners rights. When you are buying a house, there are several disclosures that are required by federal law, especially in financing transactions.
As a home buyer, you have the right to equal opportunity in buying a house. The seller cannot refuse to sell you a property that you can afford because of your race, national origin, religion, gender, handicap or disability, or because of your marital status and the fact that have or don’t have children.
You have the right be informed early on in the transaction of the costs involved in getting a loan to finance a house. These costs include estimated closing and settlement costs, and at your real estate closing, you should be informed, in writing, how all of the money was distributed, as well as the interest rate and terms of your loan. Your home buyer’s rights also protect you in a court of law against predatory lending, if you are subjected illegal terms in financing the purchase of a house.
The Best Time to Consult with an Attorney that Specializes in Real Estate Laws
If you believe that your property rights have been violated, most attorneys will discuss your situation and inform you upfront whether you have a good case or not.
If you are in the process of buying a home, it is best to consult with an attorney before you make any commitment to buying the property or financing the transaction. It is also a great idea to have an attorney who is working for you to review real estate contracts and agreements before you sign them. Most real estate lawyers will encourage you to buy title insurance, even if it is not required by the lender, in order to secure your interest in the property.
Overall, when it comes to buying a home or owning a home, it is up to you to ensure that your property rights and home buyer rights are protected. The best way to protect your rights as a homeowner is to consult with an experienced real estate attorney who is familiar with property law in your state.
Contact LegalHelpLawyers.com can put you in touch with the an expert homeowner’s rights lawyer today!