Real Estate Lawyers in Austin, TX
Real estate law covers everything from purchasing a new home to eminent domain claims and landlord-tenant disputes. It governs the buying and selling of property, as well as the ways owners are able to use it. At Kelly Legal Group we have residential and commercial real estate attorneys who can represent you in all property law matters.
Property Law in Texas
Property law cases can be as simple as property transfers from owners to buyers or as complex as real estate litigation when there is a dispute between parties. We offer a full range of real estate services for our clients.
- Commercial leases
- Contract disputes
- Deed transfers
- Eminent Domain
- Landlord-Tenant disputes
- Legal documentation
- Loan modifications
- Property liens
- Purchase and sale agreements
- Real estate disputes
- Real estate litigation
- Title dispute representation
- Title transfer
Residential Real Estate
Residential real estate encompasses both the purchase of homes as well as the rental of residential properties. We have extensive experience with the following:
For a homebuyer, a closing is about finally receiving the keys to their new home. For real estate lawyers, it's a little more complicated. Our role in a closing is to make sure all the paperwork is in order to make the property transfer seamless.
In the lead up to a real estate closing, we will examine title records and mortgage documents, making sure the seller can legally transfer the property title to the buyer. We will identify any liens, claims, and easements on a property and negotiate the terms of the contract on our client's behalf.
When representing a seller, a real estate attorney will prepare documentation for the closing. This includes finalizing all deeds, payoff letters, and insurance paperwork.
A loan medication is often used to avoid foreclosure. A real estate attorney can contact your lender and renegotiate the terms of your loan. This can result in a lower interest rate, a longer term, or even a temporary pause on repayment due to extenuating circumstances. It is important to consult with an attorney before your home goes into foreclosure for the best possible outcome.
When you refinance your mortgage, you are getting a new home loan with better terms. To do this, you will have to complete the same paperwork as you did with your initial mortgage and you will also need to go through the closing process again.
If you are a landlord dealing with tenants who have breached the terms of your lease, damaged your property, or failed to pay rent, you may want to consider eviction. The eviction process must be carried out carefully and adhere to state and local law from start to finish. Our attorneys will take the matter off your hands and handle the eviction for you so you can rest assured that every step of the process is by the books.
No matter which side of the dispute you are on, our real estate attorneys can represent your interests in any landlord-tenant dispute. These cases often involve issues of non-payment, damage, and repairs, but any dispute between a landlord and tenant fall under this category of real estate law.
Contract disputes in real estate can take many forms. There may be disputes over closing costs, loan fraud, purchase price, and items included or excluded in a property sale. When small disputes escalate, they may lead to failure to pay or failure to deliver the deed on a sale. Many contracts allow for alternative dispute resolution rather than costly litigation, but whether you need to go to mediation or a civil court, our attorneys can represent your interests.
A deed is a legal document that outlines the details of a property, the current owner of the property in question, and the person or business the property is being transferred to. Deeds may also contain conditions of the ownership transfer. There are several different types of deeds that real estate attorneys handle, including:
- Quitclaim deeds
- Bargain and sale deeds
- General warranty deeds
- Special warranty deeds
- Grant deeds
- Trustee's deeds
There are also deeds executed by courts, such as sheriff's deeds and administrator’s deeds.
The government has the power to take private property for public use. This is called eminent domain. It may be exercised by local, state, or federal government. While the Fifth Amendment only allows government to claim property if it provides just compensation to its owners, you may disagree with the payment being offered or wish to retain your property. In this case, you will need an experienced eminent domain attorney to protect your rights.
Anyone who has bought or sold a home is familiar with the amount of paperwork involved in the process. A real estate lawyer can research, draft, negotiate, and help you understand legal documentation relating to property. Some of this documentation includes:
- Sublease agreements
- Roommate agreements
- Rental applications
- Eviction notices
- Letters of intent
- Purchase offers
- Lease amendments
- Property Liens
When a creditor places a lien on your property, you will be forced to pay what you owe when you sell said property. In extreme cases, your creditor may force you to sell the property in order to pay them back, but more typically, the money you owe is collected whenever you decide to sell. The title on a property cannot be transferred to a buyer until the title is clear and the lien has been paid off.
A real estate attorney can appeal your property tax assessment if you disagree with the assessor's value. They can also help you settle tax debt or advocate on your behalf for property tax reduction, exemption, or relief.
Commercial Real Estate
Many of our residential real estate offerings overlap with our commercial real estate services. For commercial property owners and renters, we offer the following additional services:
Whether you are a property owner or a renter, a real estate lawyer can represent you in the process of leasing commercial property. A renter may need a real estate attorney to examine the terms and conditions in their lease agreement to make sure the lease is fair and negotiate with the property owner when it is not. Our attorneys also draft commercial leases for our clients.
Zoning can be critical to your business success. Municipal zoning laws restrict the ways in which your property can be used. Real estate attorneys can advocate on your behalf in issues of rezoning, applying for variances, appeals, injunctive relief, and administrative hearings. We can also provide you with general guidance to help you understand your local zoning ordinances.
Real Property Rights and Land Use
Similar to zoning, property rights and land use law outlines what property owners can do with their property. Environmental laws, disputes with neighboring businesses, and permitting all fall under this area of real estate law.
Foreclosure law allows mortgage lenders to take possession of a property in the case of loan default. Foreclosure is a lengthy, complicated process. If you are a homeowner fighting to keep your home, it is important to have an experienced real estate attorney on your side throughout the process. It's best to involve a foreclosure attorney as soon as you begin having problems paying your mortgage to explain your options, but if foreclosure has already started, we can negotiate with your lender to find a fair solution.
Condominium and co-op boards need legal counsel to help with both day-to-day matters as well as disputes and litigation. Our real estate attorneys can assist your board with document preparation, dispute resolution, and eviction proceedings.
Real Estate Development Law
When you're in the business of developing property, you need a partner by your side to help you navigate the ins and outs of local zoning law and land use. Our attorneys can assist your business with site evaluation, purchase, and obtaining permits to build. Once your project is completed, we can continue to work with you as you sell or lease your new property.
If a property has been foreclosed upon and the lender is selling it, it is considered distressed. These properties are typically sold below market value, but they often require a great deal of repair. Our real estate lawyers can guide you through the process of purchasing distressed properties; if you're a homeowner, we can provide you with assistance when your property is worth less than the debt you owe on it.
When your property is subject to a short sale, your lender has a team of attorneys on their side––you should have a real estate attorney on your side too. We can represent you during short sale negotiations to make sure that once the sale goes through, you are released of all financial obligations to your lender. We will also work to protect your other assets from seizure.
Call for a Free Consultation
Kelly Legal Group attorneys offer free real estate consultations. Call (512) 505-0053 to schedule your consultation today. We'll listen and discuss your needs in order to help you assess your options in today's climate. Our real estate attorneys are committed to outperforming in our field and will work with all available resources to get you the results you're looking for with your properties.