Real estate transactions are often free-flowing and seem to take place very quickly. However, according to Brian T. Boyd, this is not always the case. There are many moving parts that must come together to create a legal and fully sustainable real estate purchase or lease agreement, says the Brentwood Lawyer. In Franklin, Nashville, and the surrounding areas, there are hundreds of these transactions each day, and problems often arise. Here, Boyd discusses some of these and offers more insight into real estate law.

Q: What is a real estate transaction?

Brian T. Boyd, Brentwood Lawyer: A real estate transaction is any legal action that is taken to transfer ownership or occupancy rights from one individual or entity to another. This can include things like selling a home or purchasing land to build a new retail shopping center. 

Q: Do I have to use a real estate attorney when buying a home or property?

Brian T. Boyd, Brentwood Lawyer: In Franklin, Nashville, Brentwood, and other fast-growing areas, it’s a good idea to partner with someone familiar with the rules and regulations associated with buying or selling. Not only will this save you from costly mistakes but a real estate law expert can also review your purchase and/or sales agreement thoroughly to ensure that these documents are written fairly and in your best interest. 

Q: What is a title search, and who does it?

Brian T. Boyd, Brentwood Lawyer: A title search is an important step in the real estate process. It is a task that involves searching the paper trail of a home or property to determine if the seller has full rights to release the property to a buyer. Usually, a title company does this. It is not uncommon, however, for this to be performed by an attorney. If a title search turns up problems, legal counsel might be necessary, especially for high-value transactions like one might find in areas like Franklin or Brentwood. A lawyer in Franklin may be able to trace these title issues and retroactively rectify them so that the sale can take place without further delay.

Q: Are boundary issues common?

Brian T. Boyd, Brentwood Lawyer: Unsurprisingly, yes. Boundary disputes are a regular occurrence throughout the state. These can arise when the original plat map is not detailed enough to show the exact property lines. Sometimes, these parcels were divided and landmarks, such as a large tree or rock formation, were noted as boundary markers. If these are no longer in place at the time of sale, the property may be more difficult to outline. 

Q: Can an attorney help with lease agreements and disputes?

Brian T. Boyd, Brentwood Lawyer: Yes. In Franklin and the surrounding areas, a lawyer should almost always be consulted prior to having tenants sign a rental agreement. This individual can review the wording on the contract to verify that the terms of the lease are compliant with the law. A lease agreement must be written very carefully, or the tenant may find a loophole that allows them to default on their payments, damage the property, or use the home/apartment in ways outside of its intended use without consequences.  

Brian T. Boyd provides the above answers for informational purposes only; it is not intended to replace legal counsel. If you have questions about real estate transactions, contact a real estate attorney in your area.