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Real Estate Law
The American Bar Association lists over 81 legal specialties. Real estate and finance law are their own legal specialties. So how do you determine which attorney you should work with? When making a decision ask, which attorney has the most experience? Do they seem professional and dedicated? Do I see myself working with this real estate attorney on future real estate deals?
Finally, you should research the prospective real estate attorney. Check their articles, testimonials, white papers, and peer designations. Review what other people have to say about working with the attorney. Check online reviews and directories: it will shed light on who they are and their legal and business style.
Throughout Michigan and Ohio, clients entrust David Soble and his “Proven Resource” legal team with their biggest investments – our focus in every transaction is too reduce legal risks and financial exposure.
Listed below are the matters that we handle in real estate law:
- drafting conveyance documents
- residential purchases and refinances
- land contracts
- commercial purchases and refinances
- quiet title actions
- partition actions
- deed disputes
- title disputes
- all types of real estate litigation
- property tax issues
- lien law
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Frequently Asked Questions
Top Real Estate Questions
Do you have other real estate legal questions? Give us a call.
The City wants me to fix up or demolish the old barn on my Property, do I have to?
Generally, municipalities have the right to enforce building and zoning ordinances that do not comply with safety, fire or blight codes. While the property may not be open to the public, there are a host of other reasons the government can issue a citation. So, you may have to either fix up the barn or demolish it. However, you should have a real estate attorney to review your city’s zoning code to see if you might have any other available options.
What happens to the Mortgage on a Home when there are two Co-Owners and the Co-Owner that has the Mortgage passes?
The lender cannot simply foreclose on a property where there is a death of a co-owner of a mortgaged property. Similarly, the lender cannot foreclose on a property where a transfer occurs after the death from the decedent to a spouse or to their children. However, if one does not continue to pay on the mortgage, the lender will be able to foreclose on the Property.
After purchasing a home, I discovered some maintenance issues. Can I recover from the prior owner?
Under the Michigan Seller Disclosure Act, it is very unlikely that this maintenance defect is a defect that should have been disclosed by the seller. Unless the maintenance defect was one that affected the structural or mechanical condition of the property, it does not appear as though the Seller was obligated to disclose the maintenance defect. I would say your money is better spent on new paint rather than hiring an attorney to try and recover from the prior owner
Can I sue an appraisal company for preparing a bad appraisal that cost me $10k on the sale of my home?
It’s highly unlikely that you’d prevail at court by suing a licensed professional appraiser for their opinion of value despite the fact that it negatively impacted your sales price. Therefore, I’d save your money on attorney fees. The duty of the appraiser is not to you, but to the buyer and to the lender. Banks make their decisions to lend based upon these opinions. Instead, the provisions of your purchase agreement should have given you, as the seller, the discretion to proceed with the sale or not. Another option would have been to require the buyer to come up with the difference between the appraised value and the agreed upon purchase price. Finally, you could have disputed the appraisal by having another appraisal. However, in that instance the decision to proceed is up to the buyer since they are the one obtaining the mortgage.
I don't think my realtor got me the best deal, do I have any recourse?
In the end, you control your own deal. If you did not want to sign the agreement, you did not have to sign the contract. However, by signing the agreement, you agreed to the terms therein. You could file a complaint with LARA – State of MI, but being from out state now, it will only serve as a complaint. Suing the realtor would be an option if you had better evidence of malfeasance. Unfortunately, accepting a deal that you later regret does not necessarily mean that the realtor “ripped” you off.
Q: I went to your website. Why do you put probate and real estate as one “area of practice” when clearly they are two separate areas of law?
Many areas of law overlap – real life does not happen in a vacuum and neither do fact patterns or legal outcomes. To use your example above, we may have a client who is dealing with probating a will, but then there are issues as to how title to a residence is held. There may be a tenant residing in the home of the decedent, or a mortgage remains outstanding after a homeowner’s death. Sometimes we may find ourselves in circuit court, probate court and even district court all because of a probate case, but one that has underlying real estate legal issues. The same will hold true for other areas of law as involving divorce matters, contract matters, and business matters. In our world, real estate law serves as the hub of a wheel intersecting with other legal areas or ‘spokes.’
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Legal Matters We Handle
Real Estate Law
Real estate and finance law are their own legal specialties. So how do you determine which attorney you should work with...
Contracts regulate expectations between parties. Working without a contract is comparable to walking a high wire without a net.
David Soble has decades of experience being a 'big bank insider." He and his team are uniquely situated when it comes to handling our clients stressful financial...
We regularly and successfully litigate real estate and contract issues. While we prefer to first resolve our client's issues amicably, we can and will escalate....
To most people, their home or other types of real estate is usually the most valuable asset that they own. We help our clients protect these assets and ensure that they are properly...
What Happy Clients Say...
Dpn't take our word for it! We;re one of the best reviewed law firms in the community.
See hundreds of our reviews on Google, Avvo, Social Survey and Linked In.
David, I anguished for months over my problem. Had I not called you, I don't think I would have gotten it resolved. In less than 2 weeks you negotiated a fair settlement for my business. I'm so happy and my employees are happy. Thank you!
Rhoda St. Luce
"Attorney David Soble lives up to his firm's namesake, "Proven Resource." I appreciate knowing that when my clients need a diligent and responsive real estate or contracts attorney, I can easily make the referral to David, David is well worth having on your side."
Financial Adviser, Brighton, MI
"David is a highly reliable resource for real estate and lending cases. As a real estate lawyer and successful investor, he not only "talks the talk," but also "walks the walk," providing his clients unparalleled insight on how the law directly affects their daily business success. When "the situation is critical" call David."
Environmental Attorney, OH
"David Soble is an unmatched resource for all things related to real estate finance and law. He's dealt with nearly every type of transaction, loan, property, lender, seller, and buyer. He's seen it all and knows the intricacies of creating a successful resolution for his clients. If you need creative and determined counsel, I highly recommend David."
Business Mgt. Consultant
"As a busy small business operator, I can tell you that David's legal efficiency and his sensitivity to our financial resources is very much appreciated. His real estate advice is spot on and I know that when working with him that I am getting a great return on my investment. When in doubt, call David. He's worth every penny!"
HVAC Owner / Operator
"If you have a legal problem with your bank loan or mortgage, you can't go wrong by calling David Soble. His legal experience in the real estate and lending community is exceptional. I have had only positive experiences. His approach to client service is an added bonus."
Information You Can Use
We’ve all been told that when purchasing a home, we should have a home inspection. It's our opinion that it is not an option. Purchasing a home is generally the largest investment a person makes in their lifetime. Many home buyers lack the experience and knowledge...
Since about 2014, real estate investing and 'flipping' has been a hot and profitable industry. Lots of money can certainly be made; but while there are great deals out there to be had, Michigan law will not tolerate abusive investment tactics at the expense of the...
The Importance of a Memorandum of Land Contract I recently prepared a land contract for the Seller of an investment home to her current tenant. As part of the process, I drafted a Memorandum of Land Contract (“Memorandum”) for the parties' endorsement. In the past, my...