20Oct 2021 by Pat Geddie
Possible Title Defects or Issues

Possible Title Defects or Issues

Real Estate Litigation
When you buy property, you obtain title to the property. If the title has any defects or issues, it can lead to unexpected costs or disruptions with your property ownership. You always want to have an Encino real estate attorney conduct a thorough title search before closing on a real estate transaction. Some common title issues that will need to be addressed before you close on a property purchase. Liens - If the seller has judgments against them, a creditor might have placed a lien on the property. This means the debt has to be paid before the lien can be cleared. Even if this is not your debt, the lien can transfer with title if you do not require the seller to take care of the lien before closing.…
Read More
19Jun 2021 by Pat Geddie
How Easements Cause Disputes Between Neighbors

How Easements Cause Disputes Between Neighbors

Real Estate Litigation
Easements often exist between property owners for a variety of reasons. An easement can grant one neighbor the right to use a designated part of the other neighbor’s property in a limited scope. For example, one person might have a driveway, and the easement allows the neighbor to use that driveway to access the back of their property. Sometimes, easements are honored and accepted without issue. In other situations, one or both parties might cause problems that lead to an easement dispute. If you are facing a conflict with a neighbor over an easement, speak with an Encino real estate litigation lawyer right away. Common Reasons for Disputes There are different problems that can arise with easements, such as: The owner of the dominant estate (the land that is used…
Read More
12May 2021 by Pat Geddie
Common Real Estate Broker Conflicts

Common Real Estate Broker Conflicts

Real Estate Litigation
Real estate brokers can be sued when they violate their obligations. Conflicts of interest are a breach of fiduciary duty, and they can be grounds for a lawsuit. Here are three examples of common real estate broker conflicts. Direct Buyer Preference If you are selling a home, your listing agent could earn double the commission if they represent the buyer too. However, they may recommend their own buyer who has presented an inferior offer. This costs you money while padding their own pockets. You may find yourself accepting less money or stuck with a buyer whose financing falls through. Recommending a Lower Offer Your real estate agent is paid on commission. They do not get their check until your deal closes. The faster the transaction closes, the quicker they get…
Read More
20Apr 2021 by Pat Geddie
What Can Go Wrong During a Real Estate Closing?

What Can Go Wrong During a Real Estate Closing?

Real Estate Litigation
The time between contract and closing can be stressful for both buyers and sellers. Numerous hurdles could delay or kill a possible deal. Here is some of what gets in the way of real estate closing. Financing The buyer needs to have the money to complete the purchase. However, lenders may not like what they see in the buyer’s file. Some borrowers may have been pre-qualified but were not pre-approved, and their financing could fall through. Alternatively, the buyer’s financial situation may have changed since they were pre-approved. Inspection The buyer’s inspection may turn up issues that need to be resolved before closing. The parties could disagree over whose responsibility it is to fix the issues. The buyer sometimes threatens to walk away from the deal over inspection issues because…
Read More
24Feb 2021 by Pat Geddie
Common Issues Regarding Easements

Common Issues Regarding Easements

Real Estate Litigation
It is important to get along with your neighbors, as you often will live near them for years at a time, though different types of legal disputes can arise. One common type of dispute stems from issues regarding easements that impact both neighbors. In many cases, easement issues can be resolved fairly quickly with the right legal help. In others, neighbors might have to escalate the matter or even battle it out in court. Easements and Common Problems An easement is one party’s right to use another party’s land for a specific purpose. One example is when one homeowner has an easement to use the next-door neighbor’s driveway to access the back of their property. Easements can be expressly granted by written agreement or deed or even implied by past…
Read More