Real Estate Litigation | Kemp, Jones & Coulthard, LLP https://www.kempjones.com Las Vegas Personal Injury Lawyer | Business & Commercial Law Attorney Tue, 14 Jul 2020 14:50:58 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.1 Tips to follow for keeping the peace with your tenants https://www.kempjones.com/blog/2020/05/tips-to-follow-for-keeping-the-peace-with-your-tenants/ Thu, 07 May 2020 05:00:00 +0000 https://3220862.findlaw5.flsitebuilder.com/blog/2020/05/tips-to-follow-for-keeping-the-peace-with-your-tenants/ Being a landlord can be difficult. You want to remain accessible and friendly to your tenants, but you also don’t want to be a pushover.

To avoid conflicts with their tenants (that could easily evolve into legal disputes), here are some of the things landlords can do:

  1. Be clear and consistent about the limits. Written policies are your friend. If there’s a written policy on an issue, let your tenants know that you can’t grant exceptions so that you discourage any attempt to get special treatment that could cause problems with your other tenants.
  2. Understand your leases. Using a “boilerplate” lease that you found online may be convenient but it could also backfire once you encounter a problem. A lease that is tailored to your situation is always more protective for you and your tenants.
  3. Show empathy when your tenants have a problem. If you give you tenants a voice and try to work with them whenever possible, you may foster good will that could serve you in the future. (And, even if you can’t help you tenant out, knowing that they were heard and understanding your reasons for denying their request can sometimes soothe ruffled feelings.)
  4. Keep records. Whether you have one unit or 20, it can be difficult to keep everything straight. Write down any complaints, keep records of any communications and take photos of the property both at the beginning and the end of the rental.

Conflicts between landlords and tenants can be exacerbated during tough times. What starts out as a small conflict can quickly turn into acrimonious when there’s a high-dollar value property in the mix. Get experienced legal assistance as soon as possible.

]]>
Why should I purchase title insurance? https://www.kempjones.com/blog/2020/03/why-should-i-purchase-title-insurance/ Fri, 06 Mar 2020 06:00:00 +0000 https://3220862.findlaw5.flsitebuilder.com/blog/2020/03/why-should-i-purchase-title-insurance/ If you are purchasing a home or another piece of property, you may wonder if you really need title insurance. If you’re borrowing money, you’ll find that lenders insist upon its purchase to protect them from financial losses stemming from property ownership disputes.

But you have the option to purchase tile insurance for owners. So, is this just another way to dissipate limited funds or a necessary protection?

Sure, you can go ahead and gamble that the abstract you paid for and which returned a clear title is accurate. At face value, it probably is. But that does not guarantee that if an unknown heir crawls out of the woodwork with a legitimate claim to the property that you could wind up taking a major hit.

Even if you prevail in court, your bank account will likely be significantly tapped for legal fees and court costs. And if you lose, you could lose big, e.g., your property and any improvements you made.

If you’re the belt-and-suspenders type, you probably want to go with the purchase of title insurance for your new property simply for your own peace of mind. After all, it’s a one-time expense for a nominal fee and not an ongoing monthly debt for which you’ll be on the hook for the next couple of decades.

If you’re the type who tends to fly by the seat of your pants, you may be comfortable foregoing this extra expense. The decision is yours to make.

It is always prudent to seek the counsel of your Las Vegas real estate attorney on these matters. Their answer may be able to guide your decision in the matter.

]]>
Can you sue over defects in a home after closing? https://www.kempjones.com/blog/2020/01/can-you-sue-over-defects-in-a-home-after-closing/ Thu, 09 Jan 2020 06:00:00 +0000 https://3220862.findlaw5.flsitebuilder.com/blog/2020/01/can-you-sue-over-defects-in-a-home-after-closing/ Buying a home is a big financial and emotional commitment. You pour a lot of energy into finding just the right place for your family to live, you evaluate all of your options carefully and you sink most of your liquid assets into the deal. That makes it all the more upsetting when you find out that there is some hidden defect in the property that could be expensive to fix.

What now? It doesn’t seem fair that you should have to shoulder the entire financial burden of the fix, but how do you hold someone accountable for a deal that’s been over for months — or possibly years?

While a minor defect that comes to light after a sale might not give you a reason to sue, you can certainly consider making the seller or the realtor accept responsibility for a major defect that you believe they knew was there.

For example, if you discover that the paneling in the finished basement was hastily erected to hide damp, moldy walls, there’s every likelihood that the seller, at least, knew that the mold was an issue and was purposefully deceptive. Maybe you barely begin settling in when you discover that the stove is hiding a scorch mark on the wall and there was an undisclosed fire in the kitchen.

You may also be able to hold your home inspector liable for the issue in cases where you paid for their services and they overlooked something. For example, if an inspector told you that your home was termite-free and you find out the garage is infested, you may be able to make them accept liability for your losses.

Never assume that you’re simply “out of luck” when something goes wrong. Find out more about your legal options for recovery.

]]>
Do you need title insurance when buying a home? https://www.kempjones.com/blog/2019/12/do-you-need-title-insurance-when-buying-a-home/ Thu, 19 Dec 2019 06:00:00 +0000 https://3220862.findlaw5.flsitebuilder.com/blog/2019/12/do-you-need-title-insurance-when-buying-a-home/ There is a lot to think about as you move through the home search process, so it’s not always easy to project ahead to the day of your closing. However, if you neglect to do so, you could make a mistake that costs you both time and money.

For instance, it’s critical to buy title insurance when buying a home, as it’ll protect you against anything that’s gone wrong with the title before you took over as owner.

A common example is a lien on the home that wasn’t found during the title search. Fortunately, when you have a title insurance policy, you’re no longer on the hook.

Work with a reputable title company

Before a title company provides title insurance, they’ll run a detailed search to better understand if there are any problems. By doing this, they minimize the risk of a future claim.

Some of the most common issues that come about from a title search include:

  • Incorrect names
  • Tax lien
  • Outstanding mortgage
  • Judgments
  • Easements

If one of these issues, or another type, is found during the title search, it’ll be brought to your attention. You can then negotiate with the seller to ensure that everything is worked out before you buy the home. And if you’re unable to find a resolution, you can walk away from the property.

Most mortgage companies require title insurance, so you won’t have any choice but to purchase a policy.

If you run into any issues when negotiating the purchase of a home or moving through the closing process, learn more about your legal rights. You don’t want to make a mistake at this time that you’ll regret in the future.

]]>
Take these steps if your tenant stops paying rent https://www.kempjones.com/blog/2019/11/take-these-steps-if-your-tenant-stops-paying-rent/ Thu, 28 Nov 2019 06:00:00 +0000 https://3220862.findlaw5.flsitebuilder.com/blog/2019/11/take-these-steps-if-your-tenant-stops-paying-rent/ It’s your hope that you always maintain a good relationship with your tenant, but things could take a turn for the worse if they miss a payment.

Fortunately, there are several steps you can take to clear the air should your tenant stop paying rent. Here’s what you need to do:

  • Review their past: Does the tenant have a long history of paying on time? Have they missed payments at certain times of the year in the past? The tenant’s payment history will give you a better idea of what you’re dealing with and whether they’re likely to get back on track.
  • Contact the renter: Don’t assume that they’re attempting to hide from you. They may be dealing with a serious issue, such as an illness or job loss, which has put them behind. By contacting them, you open up the lines of communication.
  • Issue a pay or quit notice: This outlines how much the renter owes, both in rent and late fees, as well as the date they must pay the money by. In Nevada, for example, you must provide a seven-day notice to the renter, requiring that they either pay what they owe or leave the property.

There is nothing more frustrating to a landlord than a tenant that doesn’t pay their rent on time. While it’s not the ideal situation, there are steps you can take to either collect the rent or remove the tenant from the property once and for all.

Understanding your legal rights as a landlord will ensure that you take all the right steps when communicating with and potentially evicting your tenant.

]]>
What could go wrong leading up to your closing? https://www.kempjones.com/blog/2019/10/what-could-go-wrong-leading-up-to-your-closing/ Fri, 25 Oct 2019 05:00:00 +0000 https://3220862.findlaw5.flsitebuilder.com/blog/2019/10/what-could-go-wrong-leading-up-to-your-closing/ Buying any type of real estate is a big decision, as it’ll change your life forever. This is why it’s so important to do whatever it takes to ensure yourself of getting a good deal.

Even if everything is going as planned leading up to your closing, that doesn’t mean something can’t go wrong at the last minute.

Here are four potential causes of concern:

  • Title issues: For example, if the title search turns up a lien on the property, you’ll want to immediately halt the process. Buying a home with clouds on the title is a mistake that can haunt you for years to come.
  • Poor inspection report: You hope that everything checks out in regards to the condition of the property, but you’ll never know for sure until you review the inspection report. For example, if the pest inspection report comes back with red flags, consider how to best move forward.
  • Your financing falls through: It’s frustrating for this to happen, especially if your lender told you everything was in order, but it’s a common problem. The best way to protect against it is to stay in touch with your lender in the days leading up to the closing.
  • The seller gets cold feet: It’s not out of the question that the seller could change their mind about finalizing the transaction. If this happens, review your contracts to see if you have any legal recourse.

As a buyer, you have legal rights that you need to protect. If anything goes wrong before or at closing, it’s critical to take steps to protect yourself and your financial investment.

]]>