Best Real Estate Lawyers in Tyler

FAQs

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

  For non-emergency concerns, dial 903-531-1000 to reach the Tyler Police Department.

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

  To get a copy of a police report, complete and submit an online public information request at https://www.cityoftyler.org/government/departments/police-department/open-data/public-information-requests. You need to input the Tyler Police Department Case Number corresponding to the report you need.

• Can you withhold rent on a Tyler property if your landlord refuses to make needed repairs?

  No, withholding rent because repairs are not being done is prohibited under Texas Property Code Section 92.058. Similarly, landlords in Tyler can’t make retaliatory actions, including eviction, against renters for demanding or complaining about needed repairs, for at least the six-month period following the renter’s complaint. This is stipulated under Texas Property Code Section 92.331.

• What should you do if your landlord won’t deal with the bedbug problem in your rental in Tyler?

  When you become aware of the bedbugs, you must send your landlord a dated and signed letter about the issue. The letter should be sent via certified mail with a return receipt. The landlord should deal with the bedbugs within a week of receipt. If not, you can call a pest control company or the Tyler Board of Health to conduct an inspection and confirm the infestation. Consult a real estate attorney afterward to explore your legal options.

• What protections do Tyler residents get under the Texas Fair Housing Act?

  Texas Property Code Section 301.001, also known as the Texas Fair Housing Act offers protection against discrimination during real estate transactions based on race, national origin, color, religion, and sex. Discrimination against people with disabilities and against a person’s familial status e.g., pregnant women, is also prohibited under this Act. Tyler residents should have equal opportunities to buy, sell, or rent a property, secure a mortgage, and buy homeowners insurance.

• Can you take your name off the mortgage on your marital home after the divorce in Tyler?

  Yes. Normally, the person who gets the house in the divorce is supposed to get mortgage refinancing under their name only, effectively removing the other ex-spouse’s name and responsibility on the mortgage. If your ex-spouse has trouble getting a refinance right away, you can establish a contractual agreement requiring your ex to be responsible for the mortgage payments and penalties and to sell the property if they eventually fail to refinance. Your Tyler real estate lawyer help arrange this.

• Should you file a quiet title action on a property you plan to buy in Tyler?

  A quiet title action establishes the legal ownership of a property, clearing out title ambiguities that may lead to claims from lien holders and heirs in the future. This action is recommended before purchasing a Tyler property if any of the following applies:

  • Deed fraud is suspected
  • Records of tax debt and mortgage payments can’t be located
  • There is an existing boundary dispute
  • There are inaccuracies in the property survey
  • The previous property owner passed away
  • The property is from a sheriff’s sale or foreclosure

• 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.