how can an attorney help with permit issues in real estate?

Do I need a lawyer for a permit?

Can an Attorney Help With Real Estate Development? When most people think about real estate development, they think about the construction process or home buying journey. It isn’t until they’re embroiled in the legal processes of real estate development that the necessity of an attorney is recognized.

Why hire a property attorney when buying a home?

Trying to circumvent this process is not smart because it can cause you delays, extra fines and fees. It is wise to consider consulting a Real Estate attorney if you feel your rights to build are being hampered. Guidelines offered can be confusing. There are also Real Estate lawyers who specialize in construction law.

What does a real estate lawyer do?

You may have discovered that Permit History Reports can be difficult for real estate agents to access. Typically, you have to check with city and county offices depending on the type of work done. This can be so time-consuming for a busy agent that it may seem impractical to generate your own Permit History Reports.

When should you hire a real estate lawyer?

Jan 25, 2022 · State real estate laws can vary when it comes to the transfer of property, and some states require a real estate lawyer to be involved in the purchase and sale of a home. You may also want to hire a real estate attorney if you are facing foreclosure or the property has unique disclosure issues. Sellers are legally obligated to disclose certain ...

What does a real estate attorney do for a buyer?

What Does A Real Estate Attorney Do? Real estate attorneys know how to, and are legally authorized to, prepare and review documents and contracts related to the sale and purchase of a home. In some cases, a real estate attorney is also the person who'll be in charge of your closing.5 days ago

Can you sell a house with open permits in Ontario?

Here's the short answer: You can sell a house with open permits, but you either must disclose any known open permits or close them out through your local government, a process that varies by location. However, issues can arise if the permit close-out requires tearing up flooring or opening walls.Aug 31, 2021

How do I get a secure building permit?

The following are the requirements for securing a building permit:Ownership of the lot property. a. In case the applicant is the owner of the lot where construction will take place: ... Application forms. Properly filled-up application forms duly signed and sealed by engineers concerned: ... Five sets of complete detailed plan.

Does Title Insurance Cover open permits Ontario?

If a purchaser obtains an owner's title insurance policy, a caution should be provided, however, that title insurance will likely become unavailable upon an insurer being made aware of an open permit or the open permit will be a specific carve-out not covered by the insurance policy.Mar 4, 2019

Does a building permit expire in Ontario?

Building permits are valid for the duration of construction provided construction is on-going. Where work has not started or has stopped, the permit is valid for up to 6 months (as per the Ontario Building Code). However, a Building Inspector may decide to provide you with an extension to your permit.

How many days are set for the approval of building permits?

It's usually around 10 working days. If your application is approved and in compliant with the National Building Code, you'll be given an Order of Payment to pay the necessary building permit fees.Oct 14, 2016

Is building permit required for renovation?

Do you need a building permit? Spoiler: you probably do, unless you're only doing cosmetic interior upgrades, like painting or updating your kitchen faucet.

Who needs a building permit?

Before any type of construction work starts, those who are looking to erect a building or conduct repairs are required by law to acquire a building permit. Those who are looking to build on a piece of land would have to request for a building permit before doing so. It does not matter who owns the piece of real estate.

What is a building permit?

A building permit signifies that your building meets local city, county and state building construction laws and is a safe structure. Building permits protect everyone against unsafe buildings. In order to obtain a permit or your contractor will have to submit plans and apply for the permit. There are fees involved, and the process takes some time.

Do you need a permit to build a fixture?

Most states require building permits for any types of fixture to be permanently placed on real property. Trying to circumvent this process is not smart because it can cause you delays, extra fines and fees. It is wise to consider consulting a Real Estate attorney if you feel your rights to build are being hampered.

Can you get fined for not obtaining a permit?

You may be subject to penalties or fines for not obtaining a permit. If you are in the process of remodeling and you are caught, you will have to stop the work until you obtain a permit which could cause delays and a lot of hassles and extra money.

Do I need a permit to remodel my house?

If you are remodeling or adding on to your home, you will be required to obtain a building permit from your local building department. Permits take time and do cost money so you need to budget that into your remodeling costs. You should consult with a licensed contractor before starting your remodeling project.

One in five real estate lawsuits result from an issue with permits

And most of these are preventable. Take the cautionary tale of one agent who learned the hard way:

Do your due diligence to avoid a real estate lawsuit

Permit History Reports don’t show unpermitted work. Instead, they show the permits the property has. It is up to buyers to do their due diligence to compare listed improvements with what is in the Permit History Report. It is on the buyer, not the agent, to make these judgments. The agent never interprets the report to the buying or selling side.

State real estate laws can vary when it comes to the transfer of property, and some states require a real estate lawyer to be involved in the purchase and sale of a home. You may also want to hire a real estate attorney if you are facing foreclosure or the property has unique disclosure issues. Sellers are legally obligated to disclose certain problems to potential buyers, and hiring a property lawyer will protect your best interests whether you are buying or selling a home

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina.

When do you need a real estate lawyer?

A real estate lawyer specializes in overseeing real estate transactions, including contract review. Often, when buying a home, you may be able to work directly with a real estate agent to move smoothly through the home buying process. You may never have to involve a lawyer.

What is a seller legally required to disclose about a property?

When a buyer looks into a new property, they want to know everything about it: all the little details that have the potential to spell trouble down the road.

What options do I have if something is wrong with the home at time of purchase?

Before purchasing a property, you should always have a home inspection done. Some sellers have a home inspection before they sell the property. This may give them the opportunity to clean up any problems with the home, take care of any necessary repairs, and make sure the home is in the best possible state to go on the market.

Do you really need homeowners insurance?

Homeowner’s insurance is a vital part of homeownership and an important part of your budget following your purchase. In many cases, homeowner’s insurance is the only option you have for taking care of repairs or replacement of your home after a disaster.

What to do if you have a real estate issue?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.

Why do real estate disputes arise?

Common reasons real estate disputes arise include property rights, access, liabilities, damage, easements, insurance claims and more.

What is an easement dispute?

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner.

Is a real estate contract valid?

Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers.

Why do property lines get disagreements?

Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, the disagreements arise because of fencing, trees, and other boundary line concerns. Though some property owners feel they are well within their rights to take matters into their own hands to resolve these types of disagreements, doing so could cause additional problems. Court intervention is typically the best way to identify and enforce property lines.

What is ownership issue?

Ownership issues are common when an owner verbally transfers ownership to another individual or entity without documentation. This often happens when someone bequeaths their real estate to another without going through the proper process or there are other parties with ownership rights, such as certain lien holders.

Do sellers have to disclose information about their properties?

In real estate transactions, sellers must disclose specific information about their properties. Despite this requirement, some unscrupulous sellers commit fraud and try to take advantage of buyers by withholding important information that could ultimately impact the outcome of the transactions and future ownership.

When Are Special Use Permits Allowed?

Special use permits may be issued after a careful analysis of several factors, including:

Can a Special Use Permit be Revoked or Overturned?

A special use permit can sometimes be revoked or overturned. This can happen for instance if later analysis shows that the use of the land will actually be in conflict with other laws or zoning ordinances. Permits may sometimes be lost if the holder of the permit commits any violations or abuses the permits in some way.

Do I Need a Lawyer for Help with a Special Use Permit?

Special use permits require much analysis and may involve cooperation and interaction with a local zoning board. You may wish to hire a real estate lawyer if you or your business needs assistance with a special use permit. Your attorney can help you obtain a permit, and can explain what rights you have under local and state laws.

Why do real estate agents need continuing education?

Real estate continuing education often focuses on issues of misrepresentation because it is so common . In fact, many real estate agents do not know that they are misrepresenting a property. You can prevent problems like this by avoiding making predictions and by using seller disclosure forms.

Why is continuing education important in real estate?

The Importance of Real Estate Education. Ultimately, real estate continuing education can prevent many of these legal complications. In the end, studying these issues and knowing how to avoid them when you are in the field can save stress and money.

What is fair housing law?

Fair housing laws protect classes at different levels, ranging from state to federal. While these are not the most common lawsuits in the industry, the judgments resulting from the cases can be costly.

What is misrepresentation in real estate?

Typically, misrepresentation refers to misstating facts about features of a property, perhaps by claiming that the foundation or structure is in excellent shape when it is not. Real estate agents might perpetuate false information about the boundary line, roof quality, or pest issues.

What does "non disclosure" mean?

Non-disclosure may refer to issues like unpermitted renovations, easements, and environmental concerns.

What is the purpose of the Real Estate Act?

This is a law designed to protect competition in the real estate market. It is basically to avoid cases where brokers form groups or coalitions and set commission rates or fix prices in order to impact competitors.

What is a misrepresentation in real estate?

MISREPRESENTATION. This is by far the most common legal headache for real estate professionals. Misrepresentations usually involve features of a property being misstated or exaggerated. For instance, a real estate agent or broker states that the structure of a building is new or the property is free from pests while none ...

Is advertising online or offline?

Advertising online and offline is the key to survival for agents and realtors. Ads with false information have always been a thing in marketing and that is why NAR has strict regulations on this. These not only affect your print advertising but also recently focuses on online ads.

What is RESPA in real estate?

RESPA or real estate settlement procedures act has been there for a while. NAR has decided recently to modernize it. It covers the area of kickbacks in the real estate business. To break it down, it prohibits all forms of payments for referrals. Only referral fees between two brokers are allowed.

What is the Americans with Disabilities Act?

Americans with Disabilities Act is a 1990 civil law that protects the disabled against discrimination. It may affect agents and brokers in their provision of service to the disabled. For instance, you office is not featured with accessibility features such as ramps or curb breaks.

Should I forget about doing business if I don't want to sell to a specific ethnicity?

According to this rule, if you do not want to sell to a specific ethnicity or social class, you should forget about doing business. This is not a common case but when it happens, it costs real estate agents their business.