REAL ESTATE
Even though it is called “real” property, the law of land ownership defies our common sense notions of reality. Land does not come with the gridwork of imaginary lines that surveyors superimpose on it. With so much of your family's net worth invested in your home, buildings and land, a cautious approach is best when it comes to real estate.
We provide legal representation both for the preparation of transaction documents and also for disputes. Our approaches are described at the right.
RESIDENTIAL PROPERTY TRANSACTIONS
Our office can prepare
purchase and sale agreements, deeds, loan documents and other paperwork for all
kinds of real estate transactions. In many other jurisdictions, real estate
sales are routinely routed through lawyers. Many New Mexicans do not
think of lawyers first when it comes to real estate sales, however, because
real estate brokers and agents are the experts in valuation and marketing and
title companies handle the closings. This procedure is fine for routine
transactions, though the cost of commissions can be high.
For sellers who already have
a buyer or a method of marketing that does not employ a broker, closing through
a law firm can save thousands of dollars in brokerage commissions. Buyers
who have not retained a buyer's broker often enter into a transaction with the
false belief that a real estate agent is "representing" them.
In fact, an attorney can be paid from closing just as other non-commissioned
professionals are paid (but not on a commission basis). We will settle on
a flat fee to work with a buyer.
COMMERCIAL PROPERTY TRANSACTIONS AND BUSINESS ASSET
PURCHASES
Parties to a commercial real
estate transaction can all benefit from legal advice, especially if the
purchase includes business assets. Both buyers and sellers need guidance
about potential liabilities associated with transfers of commercial
property. We can arrange for but real estate transaction without
involving expensive commissioned professionals or title companies. In other
jurisdictions, lawyers render title opinions and the parties rely on the
lawyer's liability insurer to back their good title. But even in other
jurisdictions, commissioned real estate agents are the movers of the
residential property market.
DISPUTES REGARDING TITLE TO LAND
It is not unusual in
DISPUTES REGARDING POSSESSION OF LAND
Land battles and real
property disputes often involve boundaries, easements, fencelines, surveys,
covenants or recorded restrictions on use. In urban settings, they may include
rights that have passed for enforcement to a volunteer board of a homeowners'
association.
Real estate disputes are
some of the most fiercely fought, not only because of the close relationships
between the parties, but also because the stakes are often high. Real
estate values are usually worth the risk of the battle. Property rights,
however, do not offer easy compromises -- only one of the litigants will
be declared the owner -- and settlements are more rare.