Residential Real Estate Transactions - Tressler & Associates, PLLC
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212 N. Castle Heights Ave | Lebanon, TN or 2323 21st Ave South STE 506 | Nashville, TN

Residential Real Estate Transactions

There are two types of real estate, commercial and residential. Where commercial real estate is about property used solely for business, residential real estate centers around the property used for someone’s living space. When it comes to residential real estate law, there are several aspects of ownership, sale, and purchasing that can become dangerous for you without a real estate attorney.

During a purchase, if you don’t have title insurance and don’t have a title search done, you can be in legal turmoil later. Then, if someone requests easements, you need an attorney to create ironclad rules. The same can be said if you’re a landlord or a tenant who needs a contract looked over by an attorney.

If you’re in the middle of or about to begin a residential real estate transaction, contact the real estate attorneys at Tressler & Associates for help.

What’s a Title and Title Insurance?

A house’s title is the legal right to own the property and the right to sell it. Many properties have titles, and when you buy that property, you are technically buying its title. Don’t mistake the title for a deed. Deeds transfer ownership of a property and its title between people.

Title insurance is a policy that protects you from any issues that arise from the transfer of titles. Titles issues can be:

  • Illegal deeds: When someone who doesn’t own the property or is otherwise unable to legally sell it signs a deed to transfer the property’s ownership.
  • Unknown liens: A special debt–a lien–that can be assumed by the new owner if someone purchases the property. The grantor of the lien may also interrupt the sale of the home.
  • Forged documents: Any documents denoting ownership, transfer, or inspection with a forged signature.
  • Missing heirs: Someone else who is entitled to the property returns to claim it while you are trying to purchase it or have already purchased it.
  • Unknown easements: An easement grants other people or entities the right to use or access your property without legal repercussions.

Any of these issues can call your ownership of your property into question or keep you from completing your purchase. In these cases, title insurance would protect you and give you a financial cushion.

Title insurance can also secure you a title search. Title searches look for these problems before the purchase goes through, so you won’t be caught unprepared. Title insurance and title searches are not mandatory in Tennessee but are highly suggested for your financial safety. Title searches are generally done by real estate attorneys like those at Tressler & Associates.

Why Does a Landlord or Tenant Need a Real Estate Attorney?

The relationship between landlords and tenants is built on two things: their lease contract and the promise of habitability. The lease contract details everything the landlord has to provide and do for the tenant, along with the rules the tenant must abide by while living there. It also details the rights and responsibilities both have to the residential living space. They can both use the lease contract to understand if the other party has committed an infraction against them.

Like many states, Tennessee also requires that living spaces meet standards of habitability to be used as rental spaces. If the living space does not meet all several living standards, the tenant can withhold rent or deduct the repair costs from their rent. To meet the standard of habitability, the living space must provide:

  • Electricity
  • Clean and hot water
  • Bathroom and toilet
  • Ventilation systems
  • Sanitary spaces (no insect or rodent infestation caused by the previous tenant)
  • Heating system
  • Door locks and window guards
  • Smoke and carbon monoxide detectors

For residential real estate transactions between landlords and tenants, attorneys can write thorough and ironclad lease contracts. This removes any misunderstandings of whether or not either has failed to meet their duties. If one of them has, our real estate attorneys can represent them and file a suit.

What are Easements?

Easements are nonpossessory rights to another’s property. When someone has an easement for your property, it does not give them any ownership, but it can give them the right to drive across your property or drink water from it, for example. Most easements are where a neighbor’s property is landlocked and wants to use a road on your property or make a path to access their own. These are generally harmless and are common types of easements new homeowners inherit from previous ones.

Easements can be requested of you, in which case a residential real estate attorney can write an ironclad document. We can make sure your neighbor has access to their property without infringing on your preferences for your property.

What is Eminent Domain?

Eminent domain is a type of easement between you and the government. Local, state, and federal governments can all make easements with personal property owners, but unlike with your neighbor, you don’t have to agree to it. The government has the legal right to claim an easement to your property or even sometimes force you to sell a piece of your property on the grounds that it will be used for the betterment of the community.

The government will do this when placing sewer lines, water lines, or electric lines on your property would be the cheapest, easiest, or only option. These are typically permanent and can lead to restrictions being placed on you, such as not being able to grow trees near public developments.

If the government uses eminent domain to claim a piece of your property, a residential real estate attorney can work with you to seek fairer compensation for the property you lost or are allowing them to access.

Contact Tressler & Associates for Your Residential Real Estate Transactions

Having the right residential real estate attorney is vital. Residential real estate always deals with matters pertaining to someone’s ability to live with shelter. Having someone in your corner can assure that you have someplace to live and make sure your property rights are respected.

The attorneys at Tressler & Associates have the experience and work ethic to help you see your situation through to your betterment. Contact us today for help.

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