Real Estate Law in Phoenix

Phoenix Real Estate Attorney

Schern Richardson Finter serves the Phoenix area and the surrounding communities in all types of real estate legal matters. We are knowledgeable in all aspects of real estate law and able to help clients in preparation of real estate documents and representation in all real estate litigation matters.

This site contains a great deal of information about our various areas of practice in this field, and we welcome you to review any of the topics listed to the left of the screen. You can also visit our real estate blog for recent news and helpful information about this field. When you call our offices or come in for a consultation, you will find that we are friendly and knowledgeable and always ready to take the time to answer your questions. We wish to thoroughly understand what you are dealing with and what concerns you have so we can most effectively handle your case. If you are concerned with whether to hire an attorney in the first place, we can discuss the cost and benefits with you so you can make an informed choice that's best for you.

Real Estate Legal Issues

The following are additional areas that we can provide a high level of legal representation in:

Buyers/Sellers:
Whether you are a buyer or a seller there are many important areas of real estate that can affect you. There is a great financial risk that can go into buying or selling and it is important to cover all your bases and protect yourself. This includes full disclosure so that no item is able to come back and harm you later.

Real Estate Brokers
Having a real estate broker is important during buying and selling. They are able to be the middle man and help negotiation between those involved. A broker is a knowledgeable professional with a strong understanding of real estate law. They understand from their background what will go along with the process and they keep themselves informed of any updates or changes that may occur.

Disclosure
When it comes to real estate, disclosure is a very important aspect of effectively going about with a sale. It is important to for sellers to disclose all details to the buyer and failing to do so can not only cause problems but can cost you. The seller must tell the buyer of any issues pertaining to the property so that the buyer can consider it in their decision before actually buying the property. Sometimes the information that is disclosed can have an impact on whether the buyer chooses to go through with the sale or not. It can also cost them more than they were prepared for and it leaves the seller having to pay.

Advertising
When it comes to selling property, advertising is one of the most useful tools that can be implemented. In today's world there is constant advertising wherever you go and in order to be competitive, advertising often is a necessity. There are regulations placed on how advertising can be done to prevent from any types of misrepresentation. For those that do incur a problem with their advertising, an attorney can help to clear up the issue or help you make sure you are adhering to regulations.

Land Use
The use of land has many restrictions placed upon it. Just because land is owned by a person does not mean that they are able to do anything they want with it. Some may face troubles when they are looking to build or expand and the legal problems can even prohibit them from doing what they want to with the property. An attorney can help resolve these issues and help you navigate them so that you are with in regulations when carrying out your project.

Zoning and Entitlements
Those that are property owners need to follow zoning restrictions when it comes to what they do with their property. There are restrictions the government imposes such as the size of the building, where fences are placed and how the property is used. Those that are developing will also need to keep to restrictions such as lot sizes and installations. An entitlement will need to be obtained for various actions regarding plans and should be done early on to avoid issues. Failing to follow this can set back projects or even force parties to change work that they had already done.

Subdivisions
Owners that have a large piece of property may choose to divide it up and sell it rather than selling all of it. Whenever land is bought or sold off of a larger owned area of land, government approval needs to be obtained first. If you are on the buyer or the seller side it is important to make sure this is done since it can cause issues for either parties.

Commission Disputes
Real estate agents offer their services to those looking to sell a house as well as those looking to buy a house. Through their assistance they can help with the in between part, finding a seller or a buyer and taking care of the legal documentation work. They provide knowledge for those that are unsure of how to go about real estate with the incentive that they will receive commission if a sale does occur. When they are not given the compensation deserved legal action can be taken to gain it.

Title & Interest Disputes
The title to a land gives the person ownership over the property. Many disputes can occur when it comes to the title of land. It can involve issues pertaining to the actual title itself and an error in proper documentation as well as issues regarding the land itself.

Title Company Liability and Defense
When you are dealing with an issue of company liability there are countless lawsuits that can occur leaving you responsible to pay. These can include issues of escrow accounts, title insurance claims and more. When thy do happen you want defense to protect you from repercussions.

Boundary Disputes
Ownership of land is an important thing to many. Many pay high amounts for property and they want to use what is there's the best way they can. When an issue occurs that someone else is using your land or vice versa, there are many avenues and experienced attorney can explore to determine the truth and help resolve the issue.

Easements
While a person owns their land and it is up to them to determine issues regarding it, there are a number of rights that others may have when it comes to land that is not their own. This can include a neighbor that is that needs to be able to go across one piece of land in order to get to their own. There are different forms of easement and sometimes legal action needs to have these rights be granted or enforced.

Eminent Domain
When the government needs a piece of land for a reason they legally have the right under the constitution to take the land from the owner and compensate them fairly. This can occur when they need to do something for the good of the community that would cross over onto the boundary line of privately owned property.

Foreclosures/Trustee Sales
It is all too common for homeowners to find themselves in the position where their house could be foreclosed upon by the banks. Keeping up with a mortgage payment is challenging and the risk of falling behind is that you no longer have that place to call home. Those that are dealing with foreclosure are not without options. An attorney can help explore a number of avenues such as loan modification.

Loan Modification
For many people they can find it difficult to pay the number of loans they have incurred. Cost of living is high and it is easy to fall behind. Fortunately loan modification is an option that can be sought whereby the person's loans made more affordable. It can pertain to a number of common expense loans such as car payments or a mortgage that are all easy to have trouble affording.

Deficiency Defense
After a foreclosure that does not mean you are off the hook. When a foreclosure does not cover the cost the lender paid they can still come back for the amount that they are deficient. This can leave you paying money that you do not have. In this situation you will want to find someone to defend you.

Contact a talented real estate lawyer today!

We achieved a reputation in the legal and real estate communities for superior service, professional legal work and aggressive advocacy. We urge you to contact us for help with your real estate needs, no matter your particular case or concerns.