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Real Estate
Residential and Commercial Real Estate Attorney
Serving Celina, Frisco, McKinney, Prosper TX & the Surrounding Areas
Individuals, families, and business entities move to the Celina, TX area every day. As they arrive and settle in Celina, the Texas residential and commercial real estate market expands. This then results in increased real estate transactions and litigation.
Fortunately, many of these transactions are fairly straightforward and can be handled by a licensed real estate broker and title company. Nonetheless, some matters are complex enough to require the expertise of a real estate attorney and title lawyer.
Eddie Cawlfield of The Cawlfield Law Firm, PLLC understands that real estate involves plenty of money and time, and we want to help you protect your rights while you make this investment.
Are you ready to enter a real estate contract? Or are you involved in a dispute? Contact our law firm today and consult with real estate attorney Cawlfield and discuss your concerns or questions. We are proud to serve clients and families throughout Celina, Frisco, McKinney, and Prosper, TX.
What Is Real Estate?
Personal property, intangible property, and real estate are the three types of property. Real estate is land and anything attached to the land. While real estate is generally considered to apply to land and homeownership, it often incorporates other entities such as bushes, mineral compounds, and trees within the property. It also includes the rights of an individual or group that are accompanied by land ownership. This includes the right to drill beneath the surface.
Limits on Ownership
Landowners can separate certain areas of a property and give up their rights to it, or they may buy property in a subdivision that can restrict its use. In other cases, property rights can be limited by law or common law. Ownership of a property can be limited by time or help by individuals or groups.
Commercial Real Estate Law Issues
Commercial real estate refers to land used for business purposes, and commercial real estate laws differ from residential ones. Both properties share basic legal protections, such as regulations against concealment of defects and fraud. But, most of the legal protections that apply to renters and buyers of residential property don’t cover commercial property owners. For instance, neither rent control nor the warranty of habitability applies to commercial real estate. Also, owning or renting such land or structure does not carry a guarantee of quiet enjoyment.
Attorney Eddie Cawlfield is dedicated to protecting the interests of commercial real estate buyers and renters in Celina. He handles legal issues such as:
Financing
Very few small to medium-sized business owners have enough money at hand to purchase business property. To remedy this, buyers may take a mortgage on the property being purchased. Keep in mind, however, that the property you buy with the loan also secures the loan and could be foreclosed if you default.
Duty to Inspect
The obligation to disclose defects does not excuse a buyer from their responsibility to inspect the property before buying it. If a reasonable inspection could have uncovered any defects, you may fail to recover any damages later.
Encumbrances
An encumbrance is a right or small ownership interest held by a third party over the use of a parcel of land. For example, a cable company could purchase an encumbrance from property owners that allows them to string cable wires on the street to nearby houses.
Concealment of Defects
This law protects you from liability for any material damages concealed by a seller or leaser. It also covers any damages that result from this active concealment.
Our Real Estate Attorney Handle Various Issues
Real estate in Celina and the surrounding areas involves a full spectrum of activities. These span from property acquisition and development to sale. By working with a real estate attorney in Celina, TX, you get full access to legal counsel concerning every aspect of real estate transactions.
Some of the real estate services we offer include:
- Asset protection
- Entity formation
- Real estate document preparation: leases, sales contracts, deeds, etc.
- Real estate closing services
- Title transfers
- Real estate deeds
- Landlord and tenant issues
- Breach of contract
- Purchase and sale agreements
- Real estate liens
- Commercial and residential real estate consulting
Our legal services cover everything from legal advice to conflict resolution. We also advise our clients on legal matters that include:
Real Estate Settlement Procedures Act – requires lenders to provide information about the loan settlement process to prospective buyers. It aims to protect the rights of potential homeowners.
Breach of fiduciary duty – This refers to when one party disregards their responsibility to act in the best interest of another.
False advertising – When a real estate agent, landlord, or seller provides false or misleading information regarding real estate.
Failure to disclose – If a party deliberately conceals essential information concerning a property, they could face legal consequences.
Environmental hazards – Disputes and lawsuits could arise in response to certain dangers, such as mold, asbestos, lead-based paint, etc.
Americans with Disabilities Act – Protects disabled potential homeowners from discrimination.
Why Do You Need a Real Estate Attorney?
Many people in real estate don’t understand the significance of real estate law firms. This is probably because most transactions appear simple enough to be handled by an agent. However, you could get into serious trouble performing even the simplest of real estate tasks. Several laws and regulations regulate everything from complex property purchases to a simple brokerage agreement.
A real estate attorney can help ensure you don’t make any missteps. They can also resolve any disputes that arise from owning a business or home. While you could surely learn on the job, it is often better to entrust your real estate issues to an experienced professional.
Some of the ways we assist our clients include:
- Resolving boundary issues and disputes on behalf of homeowners
- Advising business owners on commercial real estate law
- Ensuring real estate investors have the appropriate zoning for their intended uses
Failing to comply with state real estate laws could result in delays and lawsuits. It could also hold serious legal consequences for everyone involved. If you are new to the area, consult a Celina real estate attorney for comprehensive legal guidance.
By helping you save both time and money, our services will allow you to focus on reaping your investment benefits.
Benefits of Working With a Real Estate Attorney
If you have an upcoming real estate transaction, working with an attorney will provide peace of mind and help the process go more smoothly. The experienced team at The Crawfield Law Firm, PLLC is committed to helping our clients in any way we can. Here are just a few of the benefits that you can enjoy when you work with a real estate attorney from our firm:
- Heightened Negotiation Skills: Most people don't spend a significant amount of time negotiating on their own behalf, but a real estate attorney has the experience to seek a fair or favorable outcome. Data indicates that property owners who hire real estate attorneys tend to see more successful results than those who do not.
- Drafting & Reviewing Contracts: Any real estate transaction involves a significant amount of paperwork. While your real estate agent or lender can help set terms of the deal, they aren't as experienced in real estate or contract law in the same way as an attorney. We can draft specific contracts that cover all aspects of your specific transaction; we can also review any contracts that might be presented to you and locate any issues. No matter how complex the real estate transaction might be, our team has the experience to help.
- Title Searches: Before any real estate purchase concludes, a lien and title search must be conducted. This process helps guarantee that nobody else has a financial claim on the property and that the seller has the legal right to sell the property. Your real estate attorney can execute this search. If any issues arise, we can help advise you on what your next steps should be.
- Assistance With Closing: The closing process involves multiple steps and requires all documents to be present and filled out correctly. A real estate attorney can help assemble all paperwork, resolve any last-minute disputes, and make sure the deed is filed properly.
- Protection: Any real estate transaction can be complicated and it's important to do your due diligence. Even when a property deal goes through with good faith on both sides, issues can arise that threaten to delay or cancel its conclusion entirely. Working with a real estate attorney can help you identify and resolve issues before they become serious, allowing the process to continue smoothly and improving your chances of achieving a favorable deal.
If you would like to learn more about the ways our real estate law firm can help you, don't hesitate to give our office in Celina, TX a call! We serve clients from McKinney, Prosper, Frisco, and the surrounding areas. Whether you need assistance with a title search or you have questions about the real estate process, our knowledgeable team will be happy to help.
Contact Our Real Estate or Title Attorney to Schedule an Appointment
Real estate law is complicated. It often involves laws and regulations that vary across states, counties, and cities. Fortunately, working with a real estate attorney allows you to navigate any real estate legal issues successfully. To best protect your interests both as a seller and buyer, working with a professional title attorney can prove to be very helpful during any real estate purchase. Our title attorney will be able to identify any legal issues with the listed property, confirm ownership, arrange for title insurance, and more.
At The Cawlfield Law Firm, PLLC, we dedicate our extensive knowledge base and experience to protecting and assisting real estate owners. We are adept at handling any legal situation that may arise in this type of practice.
If you own, plan on buying, or have rented real estate in Celina, Frisco, McKinney, Prosper, TX, or the surrounding areas, please contact us today to schedule a consultation with our experienced real estate and title lawyer, Eddie Cawlfield.
