New Hampshire Real Estate Lawyers
In New Hampshire, 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 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.
New Hampshire 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 basic knowledge of New Hampshire 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 New Hampshire
Financing: Most people in New Hampshire 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 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: 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 ensure that any improvements you plan on making comply with all of New Hampshire's zoning regulations.
Do I Need a New Hampshire Real Estate Lawyer?
These matters can be pretty complicated, and the above discussion only scratched the surface of the huge body of law that can affect real estate transactions. Therefore, if you think any business or personal plan you have might be affected by real estate law, you should consult with a New Hampshire real estate lawyer as soon as possible.
New Hampshire was one of the 13 original American colonies. It became the 9th U.S. state in the year 1788. New Hampshire's state motto of "Live Free or Die" is one of the most popular known state mottos because it reflects the American spirit of liberty and independence.
New Hampshire is a "Dillon Rule" state, meaning that the state retains all powers not specifically granted to local municipalities. Even so, the New Hampshire legislature favors local control of most issues, especially regarding land use statutes. New Hampshire is also noted for the New Hampshire Primary, which was the first primary in the four-year U.S. presidential election cycle.
As one of the original American settlements, New Hampshire also contributed a great deal to the formation and passage of the U.S. Constitution. For example, the first independent constitution in the Americas was ratified in 1776 in New Hampshire. Many famous U.S. cases have been tried in New Hampshire, such as Hawkins v. McGee (1929), a leading case on contracts damages. More recently, Philbrick v. eNom (2009) was filed in New Hampshire, which addressed Internet domain name registration and cyber-squatting laws.
Lawyers in New Hampshire continue to add to the legacy of outstanding legal advancements in the United States. New Hampshire lawyers are often at the forefront of national developments in the field of law. Experienced attorneys in New Hampshire offer services in many different areas of law.