Nebraska Real Estate Lawyers
In Nebraska, 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.
Nebraska 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 Nebraska real estate law can make a lot of transactions, such as purchasing a house or renting an apartment, much easier.
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Common Real Estate Issues in Nebraska
Financing: Most people in Nebraska 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 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 utilized 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. Thus, 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 particular 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: Zoning regulations usually divide cities into sections, or "zones," and state what types of buildings can be built in the different sections. Zones will be categorized by the type of use permitted, such as residential, industrial, commercial, etc. If you own a piece of property and want to make improvements to it, you should check the local zoning ordinance to guarantee that any improvements you plan on making comply with all of Nebraska's zoning regulations.
Do I Need a Nebraska Real Estate Lawyer?
Because of the potential complexity of the above-discussed issues, along with the many others that might come up in the real estate context, it would be smart to speak with a Nebraska real estate lawyer before engaging in any major real estate deal.
Nebraska is situated in the Great Plains region of the U.S. The Missouri River runs through the state, and is one of the top states for ranching and farming. The state's capital is Lincoln, which is where the state capitol building is located. The Nebraska Supreme Court meets on the second floor of the capitol building.
Many Nebraska court decisions have helped shape American law. One of these is the case of Meyer v. Nebraska (1923), involving the applications of Due Process rights under the 14th Amendment to the U.S. Constitution. Another important case is that of Nebraska Press Assn. v. Stuart (1976). The Nebraska Press case also involved constitutional rights, and has been cited as a reflection of the nation's emphasis on freedom of speech.
Nebraska's court system has played a vital role in the state's history. Many Nebraska court houses were constructed in the early 1900's, and some are now listed in the National Register of Historic Places. Historic court houses in Nebraska include those in Sioux County and in Dawson County. In addition to the county courts, there are also District Courts, a Court of Appeals, and the Supreme Court in Nebraska.
Lawyers in Nebraska are familiar with the individual rules and regulations that make up the state's laws. You may wish to contact a Nebraska lawyer if you have any legal questions or concerns about a legal dispute. A Nebraska attorney can also be helpful during the planning stages of different endeavors.