Real Estate Attorneys in Tacoma, Washington

For most people, buying a home will probably be the biggest investment they will ever make. It may seem like a simple process: come up with the down payment, find a home, make an offer on it, and obtain financing if the offer is accepted. But – and there’s always a but – things can go wrong without warning.

Sometimes, this “but” won’t appear until after you’ve moved in and the home turns out to have defects beyond normal wear and tear. Or, the “but” may appear early on with the down payment and financing. A seller may demand that you close in, say, 30 days, but your lender is haggling with you over a debt from 10 years ago. The 30 days pass and the seller decides to accept a cash offer instead.

While these turns of events may not seem that common, real estate investments hitting snags can and does happen. It’s important to hire an experienced attorney who can review your venture, protect your interests, and intercede to make sure everything works right.

Having an attorney at your side is even more important when you’re considering a transaction involving a commercial building. The rules and requirements there are generally more complicated and involved than the purchase of a personal residence. Financing can be difficult and may result in a short-term loan that could be due in six months or two years.

Whatever real estate issue you’re facing in or around Tacoma, Washington, you can rely on Curiale Hostnik PLLC. Our attorneys are experienced in all aspects of real estate law, and we help our clients buy, manage, and sell real estate.

We proudly serve clients not only in Tacoma, Washington, but also in cities throughout Pierce County, including Puyallup, Gig Harbor, University Place, and Lakewood.

Common Disputes: Where Real Estate Transactions Can Go Wrong

The most common real estate disputes involve:

BREACH OF CONTRACT: This occurs when one party fails to live up to its contractual obligations. For instance, a buyer may suddenly decide to sell to another party who is offering more, even though there’s a signed contract already in place. The aggrieved buyer can then take legal action for a breach of contract.

BREACH OF WARRANTY: A newly constructed home will often come with a warranty, whether express or implied. So too might components within the structure. If the builder or component suppliers fail to honor the warranty, they can be held liable.

SPECIFIC PERFORMANCE: This is another aspect of a contractual agreement pertaining to what one party promises to do or not do. Say the seller promises, as part of the sales agreement, to install a new roof but fails to do so. You can take legal action over specific performance to get the roof installed.

FRAUD: For instance, a builder of a subdivision assures each buyer that the roads will be paved by the time they move in, but then fails to complete the task. Or, a commercial property seller withholds information that jeopardizes the development you have in mind. Misrepresentation and fraud are actionable.

HOME DEFECTS: Residential sellers in Washington are required to reveal any defects through a statement form. If they hide material defects, they can be sued for fraud or misrepresentation. However, the burden is still on the buyer to carry out a home inspection, especially if the form reveals defects.

BOUNDARY DISPUTES: It’s not uncommon for neighbors to argue over boundary lines, sometimes when a fence needs to be built or repaired or when a construction project on one property appears to violate the adjoining neighbor’s property line.

CO-OWNER DISPUTES: Co-owners of a property, especially commercial property, can often dispute over issues related to the property. Should we turn this into a warehouse or a manufacturing site? What should we build on the vacant land?

HOA DISPUTES: If your property is part of a Homeowners Association (HOA), disputes can arise over issues relating to the common areas like recreational rooms and their upkeep, over restrictions that the HOA suddenly imposes, or even breach of fiduciary duty by the board or its members.

TITLE ISSUES: Title issues should be clearly resolved before a deal is closed.

The Importance of Hiring a Real Estate Attorney

Seasoned real estate attorneys can not only help you negotiate for the best deal possible – which often involves more than just purchase price but other aspects, including rights and guarantees – but they also make sure that the contracts and other documents needed to complete the transaction provide the proper protection, whether you’re the buyer or the seller.

Real estate attorneys can also help you identify issues that may otherwise fly under your personal radar, especially when it comes to commercial transactions. Overall, in any real estate transaction, it is in your best interest to be advised and represented by experienced counsel.