For most people, buying and selling real estate represents the most significant purchase or sale in which they will participate. From the time they sign the contract to when the parties exchange the keys and money, there are quite a few steps that must occur for everything to go smoothly.
A Hopkinsville real estate lawyer at our office can help you understand and traverse this unfamiliar landscape. Even seasoned real estate parties can benefit from our legal services. After all, real estate property law is often complex and nuanced, requiring a skillful eye to understand the particular context.
What Does Hopkinsville Real Estate Law Encompass?
Real estate law represents a varied and complex set of legal principles. If land or property is involved, then some aspect of it falls under real estate law.
For example, real estate law encompasses the following:
- Landlord-tenant laws,
- Residential real estate transactions,
- Commercial real estate transactions,
- Zoning and land use laws,
- Permitting requirements,
- Construction law,
- Title insurance policies, and
- Boundary disputes.
Further, real estate law often intersects with other areas depending on the circumstances. For example, real property and contract law are at play if a dispute arises involving a residential real estate purchase contract.
Our team is composed of leaders in their fields, with decades of experience successfully handling a wide array of real estate transactions and litigation. From the simple sale of a residential home to the complex purchase of a commercial building, we stand ready to help our clients succeed.
Residential Real Estate Transactions
Whether you are buying or selling a home, having a competent real estate lawyer on your side is essential. They are knowledgeable in real estate law and can help you meet your obligations under the real estate contract. Additionally, they can help sellers meet their obligations to fully disclose all material defects present in the home. Kentucky requires sellers to make these disclosures before the parties enter into a contract.
Other vital services that a real estate attorney can provide:
- Drafting and negotiating the real estate contract,
- Reviewing or writing the appropriate deed,
- Ensuring the parties comply with legal requirements under the contract,
- Assessing and approving important title work,
- Analyzing the appraisal report,
- Reviewing survey results, and
- Requesting necessary amendments to the agreement.
A Hopkinsville real estate lawyer serves as your advocate, helping protect your rights and ensure the transaction goes smoothly and complies with the law.
Commercial Real Estate Transactions
Because of the nature of these transactions, deals involving commercial real estate can be complicated. You need to ensure that the appropriate parties assent to the agreement and that the people who sign the contract have the authority to do so.
Commercial real estate transactions can involve the following:
- Zoning, land use, and permitting issues,
- Intellectual property rights,
- Business formation and dissolution questions,
- Construction law,
- Corporate governance issues,
- Commercial financing, and
- Commercial tax law.
Because there are many moving parts in commercial transactions, having an experienced legal professional is helpful. They can take care of the legal paperwork and help ensure that the parties comply with the legal requirements, leaving you to focus on other matters.
Christina Bartee has been practicing commercial real estate law for over 20 years and can help. She has served as Vice Chairman of the Board of Directors for the Robertson County Chamber of Commerce and is the Chair of its Women in Business Committee.
Zoning and Land Use
Acquiring land means nothing if you can’t use the property the way you want. That’s where zoning and land use laws come into play. These laws determine how landowners can use the property in certain parts of a municipality.
An attorney can help ensure that the zoning and land use laws allow you to carry out your plans for the property. The lawyer can also file for permits or licenses or represent you in hearings before appropriate commissions.
Our team can discuss your property plans and research the applicable laws to determine the zoning rules for that area and what permissions you may need to request. We can also help you file the necessary paperwork to help set you up for success.
Construction law invokes many other areas of the law as well. Our attorneys can work with your team to help ensure that you are in compliance every step of the way. We can help you file for necessary permits or licenses and review the agreements in place to help ensure that the project is on track.
Real Estate Disputes
When real estate disputes arise, it’s essential to contact a legal professional. These issues can be complex and nuanced, involving unfamiliar terms and legal concepts for the layperson. A lawyer can demystify this for you and help ensure that your rights are protected.
Real estate disputes that our team can help with include the following:
- Boundary disputes;
- Landlord-tenant law;
- Breach of contract;
- Title issues; and
- Easements or encroachments.
Real estate disputes don’t usually resolve on their own, so it’s critical to address them appropriately when they arise. A real estate attorney can help you by negotiating a solution with the other party, filing a lawsuit, and representing you in court.
Do I Need to Have a Hopkinsville Real Estate Attorney?
Kentucky law doesn’t require that parties hire a real estate attorney to represent them. But only a lawyer can provide you with legal advice. Real estate legal issues may not arise immediately but can creep up years later when you or your neighbors build on or sell your respective properties. Having an attorney from the start can help you uncover and avoid these potential issues before they arise.
Batson Nolan—Hopkinsville Real Estate Legal Professionals in Business Since 1860
Our experienced legal team handles a variety of other cases as well, including: