Real Estate Law in Kansas

In Sedgwick County, real estate law can affect just about anything involving the use, purchase, or sale of land and fixtures to land, such as buildings.

Real estate law in Sedgwick County can be fairly intricate, especially when it comes to things like mortgages and the resolution of disputes over construction defects.

Thus, if you're planning on engaging in any kind of real estate transaction, it's necessary that you learn at least the basics of real estate law in Sedgwick County.

Having at least some knowledge of real estate law will be to your advantage in practically any real estate transaction. Knowing the law can give you a bargaining advantage and prevent you from being saddled with obligations that you don't have to assume.

Common Real Estate Law Issues in Sedgwick County

Financing: The majority of people in Sedgwick County can't afford to make a major real estate purchase by paying the full 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 govern what types of structures can be built on given parcels of land. Usually, cities and towns are zoned in order to ensure that neighborhoods are clearly divided into residential, commercial, and industrial categories, to ensure that everyone who uses the land can make the best possible use of it, for their particular purpose

Duty to Disclose: sellers of real estate, particularly houses and other residential property, are legally bound to tell the buyer about any defects in the property that the seller knows about, and that the buyer couldn't easily discover on his own (mold or termite problems are prevalent examples). If the seller fails to make such disclosures, he or she could be liable for any harm the defect causes to the buyer, as well as the cost of repairing it. If the seller intentionally conceals or lies about the defect, he or she might also face punitive damages.

Implied Warranties: In Sedgwick County, every residential rental agreement carries with it a warranty of habitability, in which the landlord implicitly promises that the unit is fit for human habitation. This applies whether or not such a warranty is mentioned in the lease agreement, and it still applies even if the landlord tries to disclaim any such warranty. There are many circumstances that might make an unit uninhabitable. A few examples are a lack of electricity, no running water, or no heating.

Can a Sedgwick County Real Estate Lawyer Help?

These issues, along with many others, can sometimes be fairly confusing. Therefore, you should never hesitate to consult with a Sedgwick County real estate attorney if you have any questions.