Residential Real Estate Law in Birmingham, AL
Being a homeowner is one of the best experiences there is, and for many reasons—owning your home means being able to put equity into it; homeownership can signify new beginnings and opportunities; owning a home gives you something to call your own; homeownership can lead to rental and other possibilities; and more. But as wonderful as owning a home is, the residential real estate process can be rife with questions, complications, and legal complexities.
At the office of BHM Law Group, our residential real estate attorneys are here to provide you with support and guidance when you need it most. To learn more about our residential real estate practice areas for homeowners and aspiring homeowners in Birmingham and the surrounding areas, reach out to us today.
Our Residential Real Estate Practice Areas
We work with buyers and sellers throughout all stages of the real estate transaction process; we can also provide representation for landlord-tenant real estate matters. Our residential real estate practice areas include:
- Purchase agreements. When buying or selling a home, both parties must enter into a residential purchase agreement, also known as a buy-sell contract or purchase contract. This legal document outlines the terms of the real estate transaction, including the specifications of the property to be sold, the amount of money that the buyer and seller will exchange, all necessary disclosures, how much time a buyer has to secure a loan, the closing date, and more. This is a legally binding contract that all parties must adhere to.
- Title checks. Another large part of residential real estate transactions are title checks. Title checks occur after the parties have entered into a purchase agreement but before the closing date. The purpose of the title check is to assess for any title defects, such as liens or encumbrances against the property. When title defects exist, the sale should be halted.
- Disclosures and duties. When parties enter a purchase agreement, each party has the duty to adhere to the terms of the agreement, which will include making certain disclosure in some cases. For example, sellers are required to disclose property defects that impact the health and safety of the property, as well as upon the specific inquiry of the buyer. Failure to disclose something when asked is a breach of this legal duty.
- The closing process is the time that both parties most look forward to—there’s nothing quite like finally selling your home or getting the keys to your new home! While closing is much anticipated, it can be a long process that involves many legal documents. In Alabama, lawyers are required to be present during real estate closings. Our lawyers will be by your side to guide you through the process and help you to understand what to expect.
- Residential real estate disputes. Unfortunately, real estate disputes do happen. Usually, these disputes involve a breach of the buy-sell agreement, although disputes are not limited to this. If you are involved in a real estate dispute, we can analyze the problem and provide you with sound legal advice, and also guide you through alternative dispute resolution options, including arbitration and mediation.
- Residential real estate litigation. While most residential real estate disputes can be resolved out of court, our team can provide residential real estate litigation services when alternative dispute resolution methods fail. We have trial experience and will aggressively represent you from start to finish.
- Notice of eviction. Navigating the eviction process can be complicated, for both landlords and tenants. Our lawyers can make sure you understand the regulations regarding notices of eviction. We represent both tenants and landlords. We also provide representation for landlord-tenant disputes.
- We also provide residential real estate legal services for homeowners facing foreclosure. Being served with a notice of foreclosure can be heart-wrenching. We provide pre-foreclosure and wrongful foreclosure assistance. When you need legal representation in the face of losing your home, call our lawyers for responsive, attentive legal services.
Why Hire a Residential Real Estate Attorney?
If you’re entering the residential real estate process, involved in a landlord-tenant dispute, or facing foreclosure, you may have questions about the necessity of hiring a residential real estate attorney. In some cases, hiring an attorney may feel unnecessary; however, working with a residential real estate lawyer is almost always a good idea.
First, Alabama is one of a handful of states that requires that a real estate attorney be present at the closing table. So, if you are closing on a home, you must hire an attorney per state law.
Aside from the legal requirement of doing so, though, hiring a residential real estate attorney is strongly advised. The real estate process is legally complex, and a misstep could be costly. An error or a misunderstanding could result in you losing out on the property you’ve put an offer in, losing money, being sued, and more. An attorney can make sure that your best interests are protected every step of the way.
About BHM Law Group
We provide residential real estate services for properties located in the Birmingham metro area. Our lawyers have decades of combined legal experience. We prioritize the customer experience, always providing personalized services. We will work with you one-on-one to understand your legal situation, do the background research and investigation that’s necessary to understand the big picture, and make legal recommendations based on your needs, objectives, and scenario. We are known for being responsive. When you hire us, we’ll provide you services as if we were representing a member of our own family.
Call Today for an Initial Consultation
If you are involved in a residential real estate transaction or dispute, you’ll best protect your interests by hiring an experienced real estate attorney with experience in residential real estate law in the Birmingham area. To learn more about our practice areas and legal services, please reach out to us directly today by phone or online to get started. You can call us at 205-994-0902.