PURCHASE AND SALE AGREEMENTS
Many sellers and buyers do not hire an attorney until after signing the Purchase and Sale Agreement. I always advise people to hire an attorney before any agreement is signed, even a simple offer. The reason is that some of the standard forms that are used may not provide adequate protection based on the particular circumstances of the transaction.
For example, a buyer who needs a mortgage to finance the purchase of the property should have protection in the event the mortgage is denied. Inspection rights and certain warranties and representations, especially with regard to hazardous waste, ongoing litigation, boundary claims, violation notices, and any tenant claims are very important. Likewise, after the sale, a seller usually wants to be protected from claims that a buyer may make about defects and oral warranties. If you are considering purchasing or selling real estate, feel free to contact my office.
NEIGHBOR PROPERTY DISPUTES
Many times over the course of a number of years, homeowners permit a practice that allows a neighbor to use part of the person's property for such things as walking down a driveway or planting trees or flowers. After 20 years of uninterrupted use, this can create a claim to establish a permanent easement or to adversely acquire the property. Likewise, many times neighbors become involved in a dispute over the impacts of a tree that is on or near the boundary line. I have experience in these types of cases and can review a situation to provide you with advice tailored to your situation.