Real Estate Law in Alabama

Real estate law in Opelika regulates almost everything involved in the sale and use of land.

The law governing real estate in Opelika can get pretty complicated, especially when things such as mortgages, disputes about construction defects, and conflicts over title are involved.

Accordingly, it's a good idea to learn some of the basics of Opelika's real estate laws.

Knowing the law can serve you in a number of ways: it can put you in a better negotiating position, it can help you spot unlawful terms in lease agreements, and ensure that you know your rights if a conflict arises, among other things.

Common Real Estate Law Issues in Opelika

Financing: The majority of people in Opelika can't afford to make a major real estate purchase by paying the entire purchase price up front. Most persons and small businesses, therefore, use a mortgage to make real estate purchases. A mortgage is a loan authorized for the purpose of buying a piece of property, with the bank obtaining a security interest in that property until the loan and interest are paid off.

Zoning: Zoning laws establish rules saying what kinds of buildings are permitted in various areas of a city or town. These rules serve a variety of purposes. For example, they typically protect residents by making it illegal for industrial facilities to be built in residential areas. This also protects industries, allowing them to do their business without being bothered by constant complaints and lawsuits from their residential neighbors.

Duty of Disclosure: Sellers of homes are bound by a legal duty to disclose defects in the home to prospective buyers, before they buy the house. Any defect which the seller knows (or reasonably should know) about, and which cannot be discovered by the buyer through an ordinary inspection, must be disclosed to the buyer.

Implied Warranties: Every lease of a residential unit in Opelika carries with it an implicit promise by the owner that the unit will meet some basic minimum standards for human habitability. There are many factors that go into determining if an unit is "habitable," but there are a few essentials, and they include running water, heat, electricity, and adequate shelter from the elements.

Can a Opelika Real Estate Lawyer Help?

The issues briefly discussed above, as well as many others, can be very intricate. Accordingly, if you are engaged in any real estate transaction, it's never a bad idea to first consult with an experienced Opelika real estate attorney.