A real estate property is one of the biggest investments people and businesses make. But at the same time, real estate transactions face several legal challenges, such as property disputes, breach of real estate contracts, disclosure disputes, easements, and the like. With the right legal counsel, these hurdles in real estate transactions can be overcome through negotiations, meditation, arbitration, or, as a last resort, trying the case in court.
Our real estate lawyers in Colorado Springs can help you protect what is rightfully yours and make sure that you maximize your biggest investment. We provide our legal expertise to homeowners, sellers, buyers, investors, and developers, ensuring that their interests, finances, and real properties are protected in real estate transactions.
Commercial & Residential Real Estate Challenges.
Commercial and residential real estate transactions don’t always run as smoothly as we wish. These hick-ups in our real estate transactions can be due to the highly complex nature of such transactions and the multitude of issues that can be overlooked without the help of a trained eye.
Below is a list of the common legal challenges presented by both commercial and residential real estate transactions. If you find yourself entangled in any of these, contact an experienced real estate lawyer in Colorado Springs to help untangle the issues.
Common Commercial Real Estate Issues
- Contract Issues and Disputes
- Land Use and Zoning
- Property Insurance
- Settlement negotiations
Common Residential Real Estate Issues
- Code Violations and Zoning Issues
- Contract Disputes
- Real Estate Fraud
- Titles and Liens
- Ownership and encumbrances
What Does a Real Estate Lawyer Do?
A real estate lawyer possesses the legal knowledge and experience you need to assist in real estate disputes. With expertise in these civil matters, a real estate attorney can help you draft strong and favorable contracts, guide you through a real estate transaction or negotiation, help you find the most favorable outcome based on your individual or professional goals, and protect your interest in your property.
Disputes concerning property ownership, property lines, ownerships and encumbrances, zoning, easements, and other property related disputes are common in real estate transactions. Although it seems harmless and easy to solve, a dispute can affect the marketability of your home and even put ownership of your property at risk.
A real estate lawyer can help you resolve your property disputes — whatever their nature may be. Our attorneys have extensive knowledge to build you a solid case to protect your rights and interests in any property dispute.
Purchase agreements are legally binding, meaning the parties to such an agreement must know what they’re getting into and execute the document properly. A real estate lawyer can help you ensure that any purchase agreements are valid and protect your rights. If a purchase agreement has been breached, our Colorado Springs real estate lawyers can provide insight regarding the legal remedies available to you.
An easement refers to one person’s right to cross or otherwise use someone else’s land for a specified purpose. Easements can be created in a variety of ways, sometimes even over the property owner’s objection, and are present in both the commercial and individual context. But these can very easily go wrong and risk the rights of the rightful property owner. Easement negotiations involve the use of legalize that is not often encountered elsewhere—this is where the use of a trained real estate attorney can make all the difference in your transaction. For example, you will need to specify whether this easement is appurtenant versus in gross, exclusive or nonexclusive, transferable or nontransferable, Affirmative or negative. An easement may also be implied even over the property owner’s objection. In addition, if an easement grant is not drafted correctly, it may be deemed void. If you are encountering easement disputes, our lawyers can help you protect your rights to your property or get you the compensation you deserve.
A lot of issues can arise out of a real estate contract— and once you sign one, you are legally bound to perform your obligations under it, unless there is a basis to find the contract void or voidable. If the other party breached the contract, you have the right to seek damages or demand specific performance.
There can also be issues concerning the terms of the contract and its validity. Contact a real estate lawyer in Colorado Springs to determine if you have a possible claim against the other party or if you need to remedy a provision in your real estate contract.
Eviction / Landlord-Tenant Disputes
Landlord-tenant disputes are highly prevalent in Colorado and may include:
- Breach of contract of lease
- Habitability concerns
- Involuntary termination or eviction
These issues can be resolved through negotiations, arbitration, mediation or court proceedings. If you are involved in a landlord-tenant dispute, speak to a real estate lawyer in Colorado Springs to determine your remedies or if you have a possible cause of action.
When Should I Hire A Real Estate Attorney?
Ideally, a real estate attorney should be engaged in any real estate transaction to ensure your rights are protected at all stages of the transaction. It’s important to speak to a real estate lawyer in Colorado Springs about the facts of your real estate situation.
If you have already commenced or concluded a real estate transaction and come across any issues, talk to your real estate lawyer to help you determine the right remedies to resolve your case.
Contact our Experienced Real Estate Lawyers Today
Burnham Law has the expertise and experience in a broad range of property and real estate cases. We have mediated, arbitrated, and tried cases on behalf of our clients, providing them with a sound legal strategy that resolves their cases as efficiently and favorably as possible.
Contact our experienced real estate lawyers today if you believe your property has been impacted or you are faced with defending property or real estate claims in Colorado.