Best Real Estate Lawyers in Irving, TX

FAQs

• What is the non-emergency contact number for the local police station in Irving, Texas?

  The non-emergency phone number for the Irving Police Department is 972-273-1010.

• Where can I get a copy of police reports for incidents related to my case in Irving, Texas?

  The Irving Police Department provides three avenues for obtaining a police report. You can contact them by phone at 972-721-2437, send your request via fax to (972) 721-3635, or visit their physical location at 305 N O'Connor Rd, Irving, TX 75061.

• Is it necessary to appear in court for a landlord-tenant dispute in Irving?

  No. It is not necessary for you to appear in court if there is a disagreement between you and your landlord in Irving. If issues arise concerning matters such as interests, maintenance, or common area maintenance charges, a lawyer can utilize legal strategies to potentially resolve the dispute without resorting to litigation.

• What essential information should you be aware of before signing a commercial lease in Irving?

  Prior to finalizing a lease or contract in Irving, it is crucial to ensure that an expert has assessed the property to verify compliance with zoning laws and other applicable legal regulations. If you find certain clauses in the lease unsatisfactory, you have the option to negotiate with your landlord in order to secure the most favorable terms. It is equally important to have a clear understanding of both your responsibilities and those of the landlord, as outlined in the lease agreement.

• Is it possible to initiate a lawsuit against a seller in Irving for not disclosing property defects?

  Yes. However, you must establish several key elements to take legal action against a seller in Irving for alleged deception or concealment of a property defect. These include demonstrating that the defect existed prior to your purchase, that you were unaware of it, and that the seller had knowledge of the defect but did not disclose it. Additionally, you need to demonstrate direct financial losses caused by the defect.

• What is the purpose of a property tile search in Irving?

  Performing a property title search in Irving guarantees a smooth purchase process by identifying any potential property-related concerns. It enables you to establish your rightful ownership, ensuring that no other individuals hold legal claims to the property. Additionally, this thorough examination offers protection against future claims arising from unpaid taxes, liens, and ownership disputes.

• What does the term "1031 exchange” mean in Irving?

  In Irving, a "1031 exchange" pertains to a strategy that enables sellers to delay tax payments when selling real property. It allows them to defer taxes on any gains from the sale if the proceeds are reinvested in similar types of property. 1031 exchanges are prevalent in commercial real estate transactions. To partake in a 1031 exchange, sellers must contractually transfer their ownership stake in the property being sold in return for acquiring an ownership interest in another commercial property.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.