Tag Archives: Lemon Springs real estate attorney

Lemon Springs Real Estate Attorney: Trouble with Covenants

One of the ways that a Lemon Springs real estate attorney helps clients is by assisting with separate contracts that affect their ownership interest.  While a purchase agreement is an important document, covenant agreements and agreements with property owners associations can have a daily impact on the client’s ownership and lifestyle.  A Lemon Springs real estate attorney can provide the following services:

Amending Restrictive Covenants

Neighborhoods and communities may have extensive restrictive covenants that specify the color the house can be, yard ornaments that can be displayed, types of buildings that can be erected and activities that cannot be completed on the grounds.  Often homeowners are required to pay dues to maintain the neighborhood, common grounds and their own properties.  If a homeowner feels that there are restrictive covenants that are too – well, restrictive – a real estate attorney may be able to help draft revisions to these covenants for the homeowners association’s consideration.

Protection of Rights

A real estate attorney can raise valid arguments to protect the homeowner’s rights from an overzealous association.  This may be by showing that the homeowners association has not enforced action against property owners who have committed similar violations or by analyzing the contract language for instances of ambiguity.

Explanation of Options

A real estate attorney can explain the options that are available to his or her client.  In some cases, a simple conversation between the lawyer and the association may be able to resolve the issue.  In other cases, negotiations between the respective lawyers may yield a result.  Mediation may be recommended if the lawyer believes that the parties may be able to work through a solution with the help of a neutral facilitator.  Litigation may be necessary in some situations.

Why You Should Retain a Lemon Springs Real Estate Attorney

Even though you are not legally required to hire a Lemon Springs real estate attorney when buying or selling real property, it is usually in your best interest to do so.  In some cases, buyers may realize that they need the services of a Lemon Springs real estate attorney when it is too late for him or her to correct mistakes that were made in the process.

While a real estate agent may have a good background on real estate in the area and in negotiating a good sales price after reviewing the relevant competitive listings and sales, he or she is not qualified to make any type of legal judgment.  In some cases, an unanticipated problem may arise that the agent has no experience with.  For example, the home may be occupied by tenants who have certain rights to the property.  A dispute regarding the property’s boundary line may arise that could cloud the title or affect the value of the home.  In some cases, unpermitted structures or additions have been made to the property.  Liens or encumbrances may have been placed against the property, creating an ugly cloud on the title.

A real estate attorney can address these legal issues.  Additionally, he or she can draft or review a purchase agreement to ensure that your legal interests are being protected.  By including or omitting provisions in a standard contract, the lawyer can help customize the purchase or sale so that you are protected.  He or she can also ensure that contingency provisions are included in the contract in case a problem does arise so that you have a way out of the contract if you need it.