Real Estate & Property Law
Real Estate transactions are not for the faint of heart! Whether you need a lease, rent-to-own, or land contract, or a real estate transaction in which you’re already in the middle, there are many pitfalls to be avoided.
Let Tori’s experience as a real estate agent, title agent, and knowledge of the real estate laws and requirements help you with any real estate related matter – from simple advice before you enter into an agreement, to complicated residential and commercial real estate contracts or title disputes after you’ve entered into a real estate agreement, and anything in between.
Real Property is the most expensive thing that most Arkansans ever purchase – a few hundred dollars and some time before you enter into a purchase agreement often saves thousands of dollars in the future.
Selling a house “For Sale By Owner”
Real Estate agents often do little more than list the house on the MLS, and show the home to interested buyers and charge a 7% commission. If your house sells for $100,000, then you would pay $7000.00! You can easily list your house on a free website – Zillow.com or Realtor.com – and show it to interested buyers yourself! Once you find a buyer, Leigh Law can meet with you and advise on how you can sell your house yourself, help you finish the sale by drafting a purchase contract once you find a buyer and agree on a price, advising and arranging closing, inspections, for a flat-fee of $3500.00. The more expensive your house, the more you save with our flat-fee “for sale by owner” legal package.
Land Contracts/Rent to Own
Many purchasers enter into purchase agreements (land contracts) with sellers with zero protection. The risks are high and too much to describe in the limited space here; but Leigh Law can protect you as a purchaser or a seller in a land contract situation. How can you ensure that you will get good title after you finish paying? How can you protect yourself to make sure the property taxes are paid? or that there is not a lien on the property from a bank or creditor of the seller? Call Leigh Law to protect yourself today. Whether you are thinking about it or are already in the midst of a purchase, we can help.
Sometimes circumstances require that a Quiet Title action be filed to clear title to property – old Mortgages, old lawsuits, judgments, the death of an owner, auctions or tax sale purchases. Quiet title lawsuits are detailed and time consuming. Leigh Law has the experience to quickly clear your property title for you.
Partnerships or business agreements, family disputes of jointly owned property are among the most common reasons that a Partition Action is necessary. Like Quiet Titles, the procedure is detailed and time consuming. Let Leigh Law’s experience work for you in quickly resolving your real estate issue.
Inheriting property (either with or without a will) does NOT mean you always have to open probate. Leigh Law often vests title in the heirs’ names without going to court, which is much less time consuming and expensive than opening a probate action which allows creditors to make claims against property. Call Leigh Law today if you have inherited real property and don’t want to have to go to Court to obtain what is rightfully yours!
There are specific laws that must be followed for a bank to non-judicially or judicially foreclose on your note and mortgage. Calling Leigh Law as early as possible provides the best chance of being able to effectively defend against a wrongful foreclosure. Not being able to make your payments is NOT a defense to a foreclosure, no matter the reason – illness or lost employment. If you have made all your payments and the bank is still foreclosing, you might have a case. Call Leigh Law to evaluate your situation!
Pulaski County recently held that the criminal eviction statute is unconstitutional, forcing landlords to pursue evictions through the civil unlawful detainer action. This is expensive and more time consuming than the criminal eviction. Leigh Law is experienced in evictions and can help you obtain possession of your rental property as quickly as possible. We offer full service evictions or if you have several we offer a Landlord training service wherein we teach you how to conduct your own civil evictions for a one time flat-fee.
Arkansas is one of the only states that does not have an implied warranty of habitability in rental units. Essentially, tenants have no right to a unit that is in any particular condition and unless it is specifically included in your lease, the landlord has no obligation to make repairs or maintain the property. Unless you are being evicted even though you have paid your rent or not otherwise violated your lease, there are very few defenses to a civil eviction. If your unit is not habitable that might be a defense if you are sued for breaking your lease, however you must have extensive proof! Take lots of pictures to prove your version of the condition of the unit.
Boundary Line Disputes/Adverse
Generally, neighbors get along, but when you’re not because of a boundary line dispute or easement/trespass issues, Leigh Law is the law firm to handle your case!