Arkansas Real Estate Lawyers
In Arkansas, real estate law is a very broad area of law governing anything that has to do with the ownership of land and buildings.
Real estate law can apply to many different facets of a personal and professional life. It can apply to anything from the purchase of a vacant lot, to renting prime downtown office space.
Arkansas real estate law can be very complex, because it's really a collection of a lot of different areas of law. These areas of law include property rights, contracts, land use, and many others.
Having a good general knowledge of Arkansas real estate law can make a lot of transactions, such as purchasing a house or renting an apartment, much easier.
Find Real Estate Lawyers and Law Firms in the Largest AR Cities
Common Real Estate Issues in Arkansas
Financing: Most people in Arkansas probably can't afford to buy a house or a piece of land up front. Therefore, most individuals and business use some form of financing to purchase real estate, usually a mortgage. A mortgage is a loan used to buy a piece of real estate, with the purchased real estate simultaneously securing the loan.
Disclosure: When selling a house, the seller is under a specific legal duty to tell the buyer about any physical defects which the buyer might not be able to discover on his or her own. Sometimes, it isn't entirely clear if a given defect has to be disclosed. In such cases, it's ideal to disclose it anyway. It simply isn't worth the risk to fail to disclose it, and hope that a court agrees that it was the type of defect that you didn't have to disclose.
Warranty of Habitability: All residential property which is being rented must be fit for human habitation. This is usually not a difficult standard for a reasonably well-maintained unit to meet (or one would think), but violations of this rule still happen. When renting an apartment, the landlord is implicitly promising that the unit will be habitable, whether or not such a promise is actually written in the lease, or even if the lease disclaims it. There are many requirements for a dwelling to be habitable, and most of them are fairly obvious- they include heating, running water, electricity, and basic protection from the elements. There are many other requirements, however.
Zoning Laws: Zoning laws regulate what type of structures can be built in particular parts of a town or city. Their general purpose is to ensure that a city is as livable as possible by ensuring that residential areas are not too close to the noise and pollution of industrial areas. It is very important that, before you make any improvements to a piece of property, you make sure that the proposed improvements comply with Arkansas's zoning regulations.
Do I Need a Arkansas Real Estate Lawyer?
These issues can be very intricate, and the above discussion can't replace the advice of an expert on the subject. Thus, if you have any real estate issues, it's never a bad idea to make an appointment with a real estate attorney in Arkansas.
Arkansas nicknamed "The Natural State", in reference to its many natural geographic features. It is sometimes known by its former nickname of "the Land of Opportunity". Arkansas has a population of nearly 3 million people, and the state capital city is Little Rock. Some counties in Arkansas have two county seats.
Legal claims in Arkansas are processed through the state's judicial branch. This consists of the Arkansas Supreme Court, Court of Appeals, and Circuit Courts. There are also District Courts and City Courts, which do not conduct any jury trials. Thus, many legal claims are processed at the Circuit Court level. The Arkansas Supreme Court building also houses a library and is noted for its beautiful rotunda layout.
One of the most famous U.S. Supreme Court cases, United States v. Miller, originated in Arkansas. The Miller case involved the 2nd Amendment, specifically with regards to registration of firearms for tax purposes. The Miller decision is a key case in America's ongoing gun control debate, and is often cited by both sides of the debate.
Lawyers in Arkansas provide legal advice, assistance with legal forms, and representation in court. Arkansas laws are very specific to the region, and Arkansas lawyers understand how to interpret the laws for you. An experienced Arkansas attorney can help you through the legal process from beginning to end.