Articles

Easement Issues In Real Estate

The GREEN Light System®

We can help you with any issues that you have concerning an easement. Call today to schedule a no-charge consultation, (208) 712-4700. Easement issues crop up with alarming frequency, particularly in rural areas, and it’s no wonder! Virtually every property has some type of easement on it, most commonly for utilities. And some easement agreements date back decades, even centuries. More often than not, the easements were put in place by previous property owners, not…

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Top 10 Reasons To Consult A Real Estate Attorney BEFORE You Buy Property

TC Edge

We can help you with any issues that you have concerning a property you’d like to buy. Call today to schedule a no-charge consultation, (208) 712-4700. In all likelihood, buying real estate will be one of the most expensive purchases you’ll make in your lifetime. Whether it’s piece of vacant land, a rural property, a single-family home, a condo, or a commercial building, the investment could be fraught with risk. Below are the top reasons…

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FSBOs: Tips For Selling Real Estate

We love to help people with FSBOs! Call today to schedule a no-charge consultation with a real estate lawyer (208) 712-4700. If you’re planning to sell a piece of real estate – whether it’s a condo, single-family home, vacant land, or other type of property – chances are you’d prefer to do it quickly, and for the highest price possible. By offering your property as a “for sale by owner” (FSBO), you can save on…

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Reasons To Use A Real Estate Attorney For Your Next Transaction

Attorneys owe clients an ethical duty to protect and defend a client’s legal interests. Ethical duties owed by attorneys to clients are memorialized in a set of rules in every State. Find these rules at your State bar’s website. Search for “Rules of Professional Conduct.” It should be available for download. Readers shouldn’t be surprised that attorneys are held to high standards of ethical conduct. The State’s Rules of Professional Conduct govern issues like Competence, Diligence, Communication, Confidentiality, Conflict…

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Real Estate Agents and Property Managers in Idaho

Idaho statutes are clear regarding a real estate agent’s obligations when representing a buyer or a seller. These statutory agency requirements are spelled out in a pamphlet that is required to be given to residential purchasers only. As is the case in other jurisdictions, allowing a real estate agent to represent both buyer and seller can be problematic, and in many cases presents an insurmountable conflict of interest. Property Managers.  If you plan to utilize the services…

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Legal Due Diligence For Real Estate In Idaho

The Paperwork: The primary types of paperwork affecting the purchase of real property are documents found in the public record as listed in your preliminary title report, and any private equitable servitudes, conditions, restrictions, or rules and regulations governing the parcel’s use. Title Report I. Idaho residential purchase and sale agreements do not typically require disclosure of the preliminary title report prior to six (6) days before the close of escrow. However, a preliminary title report is critically…

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Buying Property Outside a Municipality in Idaho

Within municipalities with zoning for residential platted subdivisions, easements are typically referenced, access by public or private road is required, zoning is well-defined, and water, sewer, and power are usually provided. Buyers typically do not have problems with real property purchases of this type. Outside of a municipality, the following is a guide for performing due diligence: Essential services. In Idaho, provision for roads, water, sewer, fire, police protection, and sometimes power may be provided by public or…

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Real Estate Agents and Property Managers in Washington

Real Estate Agents. Washington statutes delineate a real estate licensee’s obligations to a buyer or a seller. These statutory agency requirements are spelled out in a pamphlet in the form required under RCW 18.86.120. Property Managers.  In Washington, property management is classified under “real estate brokerage services.” As a result, property managers in Washington are required to have a broker’s license. Licensure. Make sure you verify the licenses of any real estate agents, brokers, or property…

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Legal Due Diligence For Real Estate In Washington

The primary source of legal risk affecting the value of real property are documents found in the public record, primarily those listed as exceptions documents in a preliminary title report. In addition, private equitable servitudes, conditions, restrictions, or rules and regulations may govern the parcel’s use affecting the enjoyment and value of the land. The following is a partial list of the types of documents affecting the use and enjoyment of the parcel that you…

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Enforcing Real Estate Purchase and Sale Agreements In Washington State

Although it doesn’t happen often, when a buyer or seller unilaterally withdraws from a purchase and sale contract, it represents a material hardship to the other party. Contractual relationships generally assume two willing parties. What happens when one decides to stop performing and withdraw? Earnest monies. Sellers are compensated for their time and effort when a purchase and sale agreement doesn’t work out by a forfeiting of the buyer’s earnest monies. The Northwest Multiple Listing…

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