Real Estate Issues
Real estate law establishes the rights and responsibilities of property owners, buyers, and sellers. Properly executed transactions can help to lessen the chance of future problems and disputes. An attorney can assist in providing and reviewing real estate documents. When problems arise, an attorney can provide advice, and litigate if necessary.
An attorney can also assist in evaluating and litigating real estate claims, including adverse possession claims, boundary line disputes, and other claims and matters relating to the ownership of real estate.
Mechanic’s liens
When contractors and sub-contractors provide labor and materials to a property, they can obtain a “mechanic’s lien” right in the property. Obtaining this property interest requires timely specific notices and filings. Often, contractors and subcontractors who claim a mechanic’s lien right in property have not complied with these specific requirements. An attorney can help a property owner assess the validity of a contractor’s claim. An attorney can also help a contractor or sub-contractor comply with the requirements.
Home Warranties
Contractors for new or remodeling construction are subject to the Minnesota One, Two, or Ten year warranty. Contractors have to provide a one year warranty on materials and workmanship, plumbing and HVAC require a two year warranty, and major construction defects are covered for ten years. The contractor generally has 30 days after being notified of a problem to respond and offer a repair. If they refuse, litigation may be necessary.
Landlord – Tenant Issues and Disputes
Residential rental properties can have a number of issues: Tenant screening and a carefully drafted lease or rental agreement can help to lessen the possibility of problems. Some terms of a landlord/tenant relationship are determined by law and cannot be changed by the lease. An attorney can assist either landlords or tenants in handling disputes, including eviction matters.