Oregon Real Estate Lawyers
In Oregon, 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 numerous 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.
Oregon real estate law can be very intricate, 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 Oregon 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 Oregon
Financing: Most people in Oregon probably can't afford to buy a house or a piece of land up front. Consequently, most individuals and business use some form of financing to purchase real estate, typically 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 structure is for sale, the seller has to tell prospective buyers about all physical defects of which the seller is aware, and which the buyer couldn't be reasonably expected to discover. However, if you are selling a house, you should probably just disclose every defect you're aware of. This will save you a great deal of potential liability. Even if your disclosure of a particular defect wasn't required (because the buyer could have easily discovered it), the buyer might still sue, and the cost of defending this lawsuit, even if you win, will be very high.
Warranty of Habitability: All rented residential properties have at least one general requirement: they must actually be fit for people to live in them. While the apartments they rent aren't required to be luxurious or pretty, landlords are absolutely obligated to ensure that their property meets some basic standards for human habitability. This applies whether the lease mentions it or not, and cannot be waived, under any circumstances. A dwelling will usually be found to be uninhabitable if it lacks running water, electricity, heating, or protection from the elements. There are many other ways that a dwelling could be uninhabitable, however.
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 confirm, 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 numerous 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 Oregon's zoning laws.
Do I Need a Oregon Real Estate Lawyer?
These matters can be pretty difficult, 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 Oregon real estate lawyer as soon as possible.
The state of Oregon is located in the Pacific Northwest of the U.S. Oregon has a very rich geographic make-up, with many natural resources and pristine scenery. Thus, the state has some of the nation's strongest pro-environment laws and anti-urban growth policies. These are enforced in efforts to preserve the state's natural environment as the state economy expands.
Oregon is the only state in the U.S. where postal voting is the only method allowed for citizens to vote. The state pioneered voting by mail in 1998 and influenced many other U.S. areas that use postal voting. Also, in 1994 Oregon became the first state to establish state-wide health care through the Oregon Health Plan. In addition to its environmental laws, these developments have made Oregon a pioneer in terms of legal innovations.
There are many types of courts in Oregon, including the Supreme Court, Court of Appeals, and a variety of minor courts. Most Oregon lawsuits begin at the Circuit Court level. One of the most famous cases in U.S. law, Philip Morris USA v. Williams, originated in the state of Oregon. The Philip Morris case set precedents for claims involving large punitive damage awards, as the plaintiff was issued an award for $79.5 million.
Lawyers in Oregon focus on legal issues that can be quite specific to the region. Oregon laws contain regulations not found elsewhere in the U.S., but an experienced Oregon lawyer can provide expert advice on the state's laws. Attorneys in Oregon provide counsel and representation for clients with legal issues.