Mississippi Real Estate Lawyers
In Mississippi, real estate law is a very broad area of law covering anything that has to do with the ownership of land and buildings.
Real estate law can apply to many various 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.
Mississippi real estate law can be very complicated, 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 basic knowledge of Mississippi real estate law can make a lot of transactions, such as buying a house or renting an apartment, much easier.
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Common Real Estate Issues in Mississippi
Financing: Most people in Mississippi probably can't afford to buy a house or a piece of land up front. Thus, most individuals and business use some form of financing to purchase real estate, normally 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 a house or other building is being sold, it's possible that there will be some physical defects in the structure. Potential buyers generally have a right to know about these defects, which means that sellers have to disclose them. Generally, if the defect is one that the seller knows about, and the buyer probably couldn't discover it through a normal inspection, the seller has to disclose it. Really, though, it's a good idea for sellers to disclose every defect they know about, whether or not they believe disclosure is technically required as to a specific defect.
Warranty of Habitability: When renting property to be used as a dwelling, the landlord, as a matter of law, implicitly promises that the dwelling will be suitable for human habitation. It doesn't matter what the lease says on this subject - it's always a requirement. Therefore, a rented unit must have the basic amenities required for modern life - it must provide adequate shelter from the weather, it must have running water, it must have heating, and it must have electricity. Of course, there are many more specific requirements, and a court will also look at the condition of the unit as a whole when deciding whether or not it is habitable.
Zoning Laws: Zoning laws dictate what kinds of buildings can be placed on lots in certain parts of a town or city. Their purpose is to ensure, for example, that sewage treatment plants don't get built next to homes, or that noisy, polluting factory doesn't get built next to a daycare center. To this end, they "zone" sections of the locality for various uses, such as residential, industrial, commercial, etc. If you are buying a piece of vacant land, it's essential that whatever use you intend to make of it is compatible with Mississippi's zoning laws.
Do I Need a Mississippi Real Estate Lawyer?
The issues discussed above, as well as the many others that can affect real estate, can get very complicated. For that reason, it's probably a good idea to consult with a Mississippi real estate lawyer before undertaking any major real estate transaction.
Mississippi is named after the Mississippi River, which marks the state's western boundary. Much of the state's economy revolves around the river. For example, Mississippi is one of the leading producers of farm-raised catfish in the U.S. The city of Jackson is Mississippi's state capital.
Mississippi is known for being an innovator in terms of new laws. The state was the first ever to implement a state sales tax, and the first to enforce a Married Women's Property Act. It was also one of the first states to decriminalize marijuana possession. On the other hand, Mississippi also maintains some very strict laws. Many counties in the state are "dry" counties, meaning that alcohol sales are heavily regulated in those areas. Also, the state has approved legislation banning same-sex marriages.
Mississippi's highest court of law is the Supreme Court of Mississippi. It was originally called the "High Court of Errors and Appeals". Some appeals go straight to the Supreme Court from the trial court level. However, most appeals are heard in the Mississippi Court of Appeals. The Court of Appeals is relatively young, as it began operations only in the year 1995. The Court of Appeals was created to relieve the Supreme Court's caseload.
Lawyers in Mississippi can provide much-needed help in many areas of law. Experienced Mississippi lawyers provide expert advice and guidance regarding the state's laws. An attorney in Mississippi can also represent you in court if a lawsuit is necessary.