Pikesville, Maryland Real Estate Lawyers

Attorneys for Real Estate Purchases and Sales and Legal Disputes Affecting Property Owners in Pikesville

People or businesses that are involved in real estate transactions or encounter disputes related to real estate property may encounter a variety of complex legal issues. When investing in rental properties, developing commercial projects, or working as a broker, it will be important to address legal concerns correctly. At Fox & Moghul, our attorneys can assist with a wide range of legal matters involving real estate. We work to protect our clients' property rights, minimize potential risks, and resolve disputes efficiently.

Easements

An easement provides one party with the legal right to use another party's land for a specific purpose. An easement may provide a neighbor with the right to cross land so they can reach a public road, give utility companies the right to run power lines or pipelines across private land, or address other situations involving access to real estate.

Disputes over easements can become contentious. A property owner may discover an undisclosed easement after a purchase, or neighbors may disagree about easement rights. Our lawyers can help property owners understand the easements that may affect their property. We can negotiate easement agreements, challenge easements that do not have a proper legal basis, and take legal action when easement rights have been violated.

Real Estate Deeds

A deed is the legal instrument that transfers ownership of real property. The type of deed that may be used in a real estate transaction may affect the rights of the parties. A general warranty deed provides the buyer with the highest level of protection, since it will require the seller to guarantee the title against all defects. A special warranty deed may limit the seller's guarantee, only addressing defects that arise while the seller owned the property. A quitclaim deed will only transfer the interest that a person actually holds in a property, with no title warranties at all.

Deeds will need to be executed correctly and recorded with the appropriate court. Errors in deeds may include incorrect legal descriptions, missing signatures, or other issues, and they can create problems in future transactions. Our attorneys work with clients to draft and review deeds, correct defective deeds, and make sure deeds are used correctly when transferring property among family members or as part of an estate plan.

Quiet Title Actions

Disputes may arise when there is uncertainty about who legally owns a piece of property. Competing claims or errors in the chain of title may need to be addressed. In these cases, a quiet title action may be necessary. A party may ask the court to establish the rightful owner of a property and eliminate any adverse claims against the property.

Quiet title actions can address errors in deeds, property acquired through adverse possession, unreleased mortgages or liens, competing claims from heirs after a property owner's death, and disputed boundary lines. Our legal team can help property owners determine whether a quiet title action may be appropriate, and we can help ensure that ownership issues will be resolved correctly.

Defense Against Toxic Torts in Real Estate

Property owners may face legal liability if hazardous substances on their properties have allegedly caused harm to people. Claims addressing these issues are known as toxic torts, and they may address issues such as mold or asbestos that put the health of buyers or tenants at risk. Our lawyers work with property owners to defend against toxic tort claims and limit their potential liability.

Partition and Allotment

Co-owners of real estate property may disagree about what to do with the property. One co-owner may want to sell, while another may want to keep the property. In these cases, one party may seek a partition that could result in the division of the property or a forced sale of the property. Allotment actions may also allow one person to assume full ownership of a property by purchasing the interests of the other co-owners. Our attorneys represent co-owners on both sides of partition and allotment disputes, helping to resolve these issues successfully.

Commercial Real Estate Transactions and Development

Parties involved in commercial real estate transactions will need to take steps to protect their rights and interests while addressing any legal issues that may arise. Purchases and sales of commercial properties or development projects will require stakeholders to conduct due diligence, draft effective contracts, and determine whether zoning or land use laws may affect how a property can be used or how a development project may proceed.

Our law firm can provide representation to address the legal concerns that may affect commercial real estate purchases, sales, and development projects. We can negotiate purchase and sale agreements, conduct title and survey reviews, address issues related to zoning and use restrictions, and make sure transactions can be completed successfully. We work with clients to identify and address regulatory hurdles before they become costly obstacles.

Hard Money Loan Agreements

Hard money loans are short-term, asset-based loans that may be used by real estate investors and developers who need to access capital when they may not qualify for conventional bank loans. These loans often have higher interest rates and fees than conventional mortgages. Lenders and borrowers may face significant legal risks if loan documents are not structured correctly. A well-drafted hard money loan agreement will address the loan amount and terms, interest rate, fees, repayment schedules, default provisions, and remedies available to the lender. Our lawyers work with private lenders and borrowers to ensure that hard money loan transactions can be completed correctly.

Wholesaling Agreements

In a real estate wholesale agreement, a party may enter into a contract to purchase a property, and they will then assign that contract to an end buyer. Wholesaling is a common strategy used by real estate investors, but it may involve legal concerns that investors will need to understand before moving forward. In a wholesaling arrangement, the parties will need to understand the assignment fee, the representations made in the original contract, and the obligations of the assignor. Our attorneys work with investors to structure wholesaling transactions appropriately while making sure they comply with the applicable laws.

Contact Our Pikesville, MD Real Estate Attorneys

Because of the financial consequences that can affect the parties involved in real estate transactions and disputes, legal guidance can be crucial. At Fox & Moghul, we provide dedicated legal support for property owners, real estate investors, commercial developers, lenders, and real estate professionals. To schedule a consultation with a member of our team, contact our Pikesville real estate transaction and litigation lawyers at 301-409-5316.