You may have attended a residential real estate closing and wondered about all the documents you had to review and sign. You may be contemplating opening a business and are overwhelmed by the 30-page commercial lease document for the shopping center slot you have picked out. You may be a lender looking for support from an Indiana real estate lawyer in financing the purchase of an office building. These are only a few situations in which an Indiana real estate attorney can help protect you, your investment, and your business.
An Indiana Real Estate Attorney for Closings, Financing, Leases, Litigation
Beyond residential real estate closings, an Indiana real estate attorney can assist buyers and sellers of farms, land, and buildings by drafting purchase contracts, deeds, and other transactional documents that accurately portray the parties’ agreement. These documents protect clients and their successors if various unexpected problems arise. While real estate agents and brokers are competent in the typical situation, they use form contracts that may not really cover all aspects of a proposed transaction. When it’s your home, business, or investment, protect yourself with professional legal advice from an Indiana property law attorney.
When Do I Need a Real Estate Attorney for a Residential Real Estate Closing?
Indiana is one of several states that does not require an attorney to be present at a residential real estate closing. The documents and disclosures required are fairly standard, and, in the usual case, lenders, title insurance companies, escrow agents, and real estate agents and brokers can shepherd buyer and seller through the process and take care of recording the documents.
But, in some situations, guidance from an Indiana real estate attorney is invaluable or even vital. Sometimes real property is subject to competing interests. Examples include the following:
- When there is a lien on the property, such as a tax lien, a mechanic’s lien, or homeowners association lien;
- When there is an easement on the property;
- When the real property is subject to a claim of adverse possession; or
- When there are any doubts about legal access to the property.
Owners, purchasers, and lenders should seek advice on the applicable Indiana property law if any of these circumstances apply to property in which they presently have or are contemplating obtaining an interest.
Similarly, legal advice is highly advisable if the buyer or seller is under the age of 18 or mentally incompetent or represented by a fleet of attorneys.
And if your real estate transaction involves significant assets or is especially complicated, engaging an Indiana real property lawyer early in the process can help avoid later complications or disputes. And, in the event of a later disagreement, your real estate attorney is already fully up to date and ready to advise on and pursue the course of action that best serves your interests.
Consulting an Indiana Real Estate Attorney for Commercial Sales and Leases
In the commercial context, such as a shopping center lease, an apartment or office building sale, or a proposed condominium development or conversion, expert legal advice from an Indiana real estate attorney is vital to create and shape the transaction according to the parties’ needs and wishes. These transactions often involve significant cost, expense, and risk. Don’t depend on form contracts to protect you or your business. Get the specific documents that you need under Indiana real estate law.
When Do I Need a Real Estate Attorney for Litigating Under Indiana Real Estate Law?
Indiana real property interest are sometimes the largest and most important assets in an individual’s portfolio. Common real estate disputes can be local, such as tensions between neighbors are common or family disputes over inherited land, or in the wider community, such as disputes over developments plans in an area. Other examples of common real estate litigation disputes that may require expert legal advice and representation include these:
- Adverse Possession, in which a non-owner of real estate claims title due to extended use and proprietorship;
- Condemnation or eminent domain, both of which involve the taking of land by the government such as for road or other projects;
- Boundary or access disputes between neighbors;
- Nuisance claims under Indiana Code § 32-30-6-6, such as flooding, noise, or criminal activity caused by a nearby property owner;
- Landlord-tenant disputes such as eviction, security deposit disputes, and claims for damage to the property;
- Partition of Indiana real property interests held by more than one owner when the co-owners do not agree on the use or disposition of the property;
- Zoning and variances matters; and
- Quiet title actions.
When parties cannot resolve a dispute involving these or other real estate matters among themselves, calling an Indiana real estate attorney for advice is the best option. Experienced real estate litigators can help evaluate the evidence and the likelihood of success and provide the best outcome, whether it be a settlement, a mediation or arbitration, or a trial before a judge and jury.
Where Can You Find an Experienced Indiana Real Estate Lawyer?
Knowing where to find experienced attorneys can be daunting. Whether you are a buyer, seller, lender, landlord, tenant, neighbor, member of a homeowner’s association or condominium association, or a title company, call on a trusted and experienced Indiana real estate attorney from Camden & Meridew, P.C. to help protect your investment and your future. Contact us through our online contact form or call 317-770-0000 to set up an initial consultation.