Our Real Estate Blog
Whenever someone is looking to purchase a home, there is always an inherent risk. It is common for buyers and sellers of homes to look for the best deal possible; however, it is also possible that issues might arise after a home has already closed. When looking to buy or sell a home, it is critical to be familiar with some of the common legal issues that arise. Understanding these issues ahead of time may help someone avoid devastating legal consequences after the fact.
False Advertisements May Arise
One of the most common allegations made is related to false advertisements. Sometimes, someone purchases and house and feels that they didn't receive exactly what was advertised. These ads might take place in a booklet, leaflet or on the Internet. There is a certain code of ethics that comes with any real estate advertisement. While everyone wants to get the best deal possible, it is also important to make sure that all information advertised is truthful.
Equal Opportunity with Real Estate
This is, perhaps, the most important law that everyone needs to keep in mind when it comes to real estate. In the past, it used to be common that people wouldn't sell apartments, homes or condos to people of certain backgrounds including ethnicity, religion and sexual orientation. Now, the government has clauses that protect everyone from discrimination when it comes to real estate. It is critical for anyone selling a home to make sure they provide everyone with an equal opportunity to buy that home. At the same time, those looking for a home should never feel like they are being blocked from buying a home on the basis of their gender, ethnicity, orientation or other demographic factors.
Disclose All Accurate Information Accurately
When someone is looking at various homes, they are counting on the buyer to disclose all relevant information related to the condition of that home. Nobody wants to buy a home only to realize that, immediately after purchasing the home, it is in need of substantial repairs. Sometimes, sellers will try to conceal information from the buyer in an effort to pass on the repairs to someone else; however, this is illegal. If the purchaser finds out that information related to potential repairs in the home were concealed, they can go to court and file a lawsuit to recover the costs of the repairs. Some of the most common issues that arise in this area of real estate law include boundary issues, the presence of pests, problems with the structure and roofing issues. It is important for buyers to make sure they ask for a home inspection to uncover these issues ahead of time.
Whether you’re buying or selling a home, you might discover there is an easement attached to your property. If so, you’re probably wondering how this affects your property values.
What is an Easement?
In a nutshell, an easement is for one person to have explicit permission to have use of another person’s property for a specified purpose. There are three general types of easements: gross, appurtenant and prescriptive. Each has specific rights attached to them and the rights could be for either a private (i.e. allowing someone access or use) or public purpose (i.e. utility companies). Easements can be temporary or permanent; with the latter, the easement is typically written into the property deed.
It’s important to know, while easements permit others to use your land for a designated reason, it doesn’t grant anyone using your land any rights to ownership; you are sole owner.
Can Easements Affect Property Values?
Easements of land may or may not impact your property’s value, depending on how the land is being used and whether you want to use (or sell) your property. Many times, an easement has no impact on your property’s value. However, there are potential issues that may crop up when looking to develop or sell your land which could impact its perceived value.
In many neighborhoods, everyone has the same easement attached to their property. In these cases, it doesn’t typically impact your property value because the easements affect everyone’s property equally.
Is There a Way to Remove an Easement?
A court of law often considers an easement to be used in perpetuity unless a stipulation exists in the original agreement of how long the easement will last. In some cases, easements can be removed.
If you do successfully terminate an easement, be sure it’s recorded in public records.
While technically an easement doesn’t devalue your property, it can affect its marketability. This is always something to consider when determining to willfully grant an easement or buy a home that has an easement attached to its property deed.
72 Smith St, Attleboro, MA 02703
72 Smith St, Attleboro, MA 02703
Finding the right house that meets your family's needs is an important decision; it's one that can affect the quality of your life for years to come. That's why it's especially important to be in a focused, resourceful state of mind when house hunting. It's also helpful to have a clear idea of what you're looking for and have a system in mind for comparing the strengths and weaknesses of every house you visit.
Knowing What You Want
Chances are, you're going to approach your house search with some preconceived notions about features like the floorplan, bedrooms, and number of bathrooms. You may also have strong preferences for a particular school district, the size of the back yard, and proximity to neighbors. One thing's for sure: There are a lot of details on which you'll need to concentrate as you meet with your real estate agent and visit different homes for sale. While conditions are not always ideal for taking it all in, here are a few tips which may help you get the most from the experience.