Real Estate Law
In real estate business dealings, we ensure smooth completion of even the most complex transaction.
Voelker & Associates provides legal services to commercial and residential real estate brokers, agents, mortgage brokers, buyers, sellers, property owners, landlords, and commercial tenants. We counsel and assist clients in negotiating all types of real estate business transactions, ranging from the purchase or sale of residential or commercial property to negotiation of the terms of a commercial lease.
Our attorneys also represent clients in the enforcement and defense of real estate contracts in matters ranging from actions for specific performance to mortgage foreclosures. Additionally, our attorneys have conducted thousands of real estate closings which have provided them with knowledge and experience necessary to help ensure that the smooth consummation of even the most complex transaction.
Agreements of Purchase and Sale
The purchase or sale of real estate is often the largest transaction individuals and businesses make. Too often, however, parties to real estate transactions rely on non-lawyers to structure the transaction and agree to terms merely because they are part of a pre-printed form. We counsel our clients on how to structure real estate transactions to maximize the benefit and minimize the risk of loss. We also advise clients on tax-saving strategies such as 1031 like-kind exchanges.
Commercial and Residential Closings
The consummation of a real estate transaction, whether a sale and purchase or a refinance of a presently owned property, is usually accomplished through a closing where all appropriate documents are executed and delivered and funds are exchanged. Our attorneys have conducted thousands of real estate closings, ranging from the single family home to multi-million dollar commercial property. Consequently, our attorneys bring their considerable experience and knowledge to bear on difficult real estate transactions. This experience facilitates the consummation of those transactions that would otherwise collapse without our assistance and intervention.
Additionally, most real estate transactions involve the issuance of title insurance whereby a new purchaser is insured that he or she is receiving good title to the property and the lender is receiving a good mortgage lien on the property. Three Rivers Settlement Services, Inc., an affiliate of Voelker & Associates, provides residential and commercial real estate settlement services and title insurance for property owners, purchasers, and/or their lenders.
Installment Land Sales
We represent purchasers and sellers in negotiating and preparing installment land contracts wherein the title to the property does not pass until all agreed-upon installments have been made.
Purchase options allow prospective buyers of real estate to secure the right to purchase specified real estate for a period of time. We assist sellers and buyers in negotiating option agreements to ensure that our clients’ rights are protected.
Mortgage Loan Documents
We negotiate loan transactions and prepare the supporting documentation, such as promissory notes, mortgages, assignments of leases, and rents, security agreements, and financing statements.
Leases can range in complexity from simple plain-language residential leases to complex commercial leases with options to renew and common area maintenance allocations. We assist clients in negotiating leases. Additionally, we represent landlords in commercial and residential evictions and commercial tenants in defending against improper eviction efforts by landlords.
The right of a person to pass over the land of another is an easement. Easements are often necessary to provide access for persons, vehicles, and utilities. We assist our clients in negotiating and drafting easements to ensure that the necessary access is obtained.
Actions for Specific Performance
Because real estate is considered unique, when a seller refuses to transfer real estate pursuant to an agreement, a purchaser may petition a court to require the seller to consummate the transaction. We assist buyers and sellers in prosecuting and defending specific performance actions.
Many loans are secured by mortgages on real estate. When a borrower fails to pay a debt in a timely manner, the lender may foreclose upon the mortgage and cause the real estate to be sold at a sheriff’s sale. We represent commercial and private lenders in mortgage foreclosure actions.
Quiet Title Actions
Sometimes the title to land is disputed. Quiet title actions are intended to extinguish the rights of others in the disputed real estate. We represent clients who seek to eliminate clouds or encumbrances on the title to their real estate.
Adjoining Landowner Disputes
Neighbors occasionally have disputes over matters such as boundary lines, trespass, and nuisances. We represent our clients in resolving, prosecuting and defending such matters.
Upon request, lenders are required to satisfy their mortgage liens on real estate once they have been fully paid. However, not all lenders comply with this requirement. We represent clients in prosecuting actions against lenders who refuse or fail to comply with their obligations. Where appropriate, Voelker & Associates will undertake such representation on a contingent fee basis.