Real Estate

If you are in need of a real estate attorney, our law firm is here to help. Legal services in the area real estate law falls into two categories — litigation and transactional work.  The Firm handles both types of real estate law.

Real Estate Litigation

Common Real Estate Disputes

The attorneys at the Law Office of Daniel O’Brien, P.C. handle a wide assortment of real estate litigation matters including, but not limited to, title matters, bona fide purchaser status, lien and ownership priority, easement rights, mechanic’s liens, adverse possession and other prescriptive rights, trespass to try title cases, rights of first refusal, and mineral conveyance disputes.

Homeowners Association Issues

The Firm has experience representing developers, declarants (of property owners associations), homeowners associations / property owners associations, property management companies, municipalities, and homeowners in disputes by and between one another.  Handling HOA cases involves working with a variety of parties with assorted goals, and the Firm’s attorneys have experience in navigating these oft competing objectives.

Real Estate Transactions

Purchases of Real Property

A licensed attorney can be of great assistance in buying or selling both residential and commercial properties.  Real estate agents and brokers are very effective at locating prospecting properties for purchase and identifying potential buyers of property you may already own.  For these services, most real estate agents and brokers earn a commission-based fee up to 6% of the purchase price.  An attorney can often provide flat fee solutions that save parties thousands and tens of thousands of dollars in a single transaction.  It is difficult to determine when hiring an real estate attorney is appropriate in a real estate transaction.  The Firm can discuss whether such representation makes sense in your case.  For instance, a financial savings is often common when the buyer and seller already know one another or the buyer is already leasing the property.  Hiring an attorney to review real estate contracts, title commitments, lease agreement, and property management agreements also makes sense in many cases.

The Firm has represented numerous clients in the sale or commercial real estate and residential real estate, including purchases made the part of  larger business transactions.

Commercial Lease Agreements & Residential Lease Agreements

Commercial lease agreements usually involve many more issues than residential lease agreements, including multiple ways of calculating rent payments.  Understanding the concepts of common area maintenance, shared utility expenses, security deposits, and effects of terminating a lease agreement are essential to successfully renting commercial and residential property.  The Firm handles both commercial and residential lease negotiations and the disputes relating to the same.

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