Best Real Estate Attorneys in Akron

FAQs

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

  Dialing 330-375-2181 connects you to the non-emergency line of the Akron Police Department.

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

  To obtain a copy of a police report from the Akron Police Department, you have two options: you can contact them by phone at 330-375-2552 or you can visit them in person at 217 S High St, Akron, OH 44308.

• What information must sellers provide to prospective buyers in Akron?

  When sellers list their house for sale in Akron, they must complete the Ohio Residential Property Disclosure Form, as required by law. This form contains a comprehensive inventory of various aspects of the house, and the seller must indicate the type of system in place and disclose any known past or present issues related to each area. The form covers the following areas:

  • Water supply.
  • Sewer system.
  • Roof.
  • Water intrusion.
  • Structural components (foundation, basement, floors, walls).
  • Termites and other wood-destroying pests.
  • Mechanical systems, including electrical, plumbing, HVAC, fireplace, security system, lawn sprinklers, and built-in appliances.
  • Presence of hazardous materials like lead paint, asbestos, and radon.
  • Underground storage tanks.
  • Flood plains.
  • Drainage and erosion.
  • Zoning or building code violations.
  • Boundary line issues, shared driveways, or party walls.

• What responsibilities do landlords have in Akron?

  Landlords in Akron have the following responsibilities:

  • Adhere to health and safety laws and regulations.
  • Perform necessary repairs to maintain the property in good condition.
  • Ensure common areas are safe, clean, and well-maintained.
  • Keep electrical, plumbing, heating, and air conditioning fixtures in good working order.
  • Provide and maintain garbage cans and arrange for trash removal for buildings with four or more units.
  • Ensure the availability of running water, sufficient hot water, and consistent heat, unless separate units are provided and utility fees are directly paid by the tenant.
  • Provide a minimum of 24 hours notice and enter the tenant's apartment only during reasonable times, except in emergencies.
  • Refrain from abusing the right to enter.

• What does the concept of a "quiet title action" entail in Akron?

  Property rights extend beyond mere ownership of the property, encompassing elements such as leases, easements, mineral rights, rights of entry, mortgages, and mechanic's liens, which collectively determine the property's overall status and ownership. Quieting the title of real estate in Akron involves identifying the specific rights held by various parties in relation to the property. In a quiet title lawsuit, the objective is to establish these rights as they existed at the time of filing. Quiet title actions are utilized across a broad range of cases to regain property rights. To initiate a quiet title action, one must either be in possession of the property or possess a valid claim to it, even if not currently in physical possession.

• How do you finance a home purchase prior to an auction in Akron?

  You must have the financial capability to purchase the property for auction in Akron outright without the need for financing. If financing is necessary, you must have a bank ready to provide the necessary funds. Failing to fulfill the payment obligations may result in being held in contempt by the court, the property being re-auctioned, and potential liability for damages. It is important to have pre-approval from a lender, sufficient cash reserves, or a line of credit that enables timely completion of the closing process. Conventional financing methods are generally not suitable for this type of transaction.

• What are the benefits of hiring a real estate attorney in Akron?

  In Akron, involving a real estate attorney is not mandatory except when transferring property through a deed, which requires attorney assistance for drafting the title. However, having a lawyer can offer many benefits:

  • Local building codes and permits: An attorney can quickly provide information on local regulations, ensuring your property complies with permit guidelines and zoning codes to avoid future issues.
  • Assistance and protection: An attorney reviews and advises on paperwork, alleviating stress and protecting you from potential mistakes or pitfalls.
  • Unusual contract terms: If your purchase involves uncommon contract terms or requirements, an attorney can provide valuable guidance.
  • Problem-solving: An attorney may offer advice on resolving issues like lead, termites, or mold, and help you word your contract effectively if problems persist.
  • Cost-saving: While you need to pay for the attorney's services, having legal assistance upfront can save you money and time by preventing potential problems and serious complications.

• 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.