Hattiesburg, MS Real Estate Lawyer

Hattiesburg, MS Real Estate Attorney

Real estate in Mississippi can unexpectedly include numerous complex laws, which are difficult for the average property owner to parse on their own. You can receive experienced legal assistance when you contact a Hattiesburg, MS, real estate lawyer. They can advise you on any concerns you may have regarding property rights and ownership.

Berry Law Firm is a legal practice serving clients throughout Forrest County. Our attorney can help you with many different real estate law matters. These include:

• Disputes regarding property contracts
• Refinancing
• Real estate development
• Zoning issues and regulations
• Leasing procedures
• Real estate litigation

We’re also qualified to handle estate planning and family law cases, which can often include several legal processes involving real estate.

Common Property and Real Estate Litigation Issues in MS

Real estate dealings don’t always require legal counsel. However, when a situation involves complex legal knowledge, obtaining authorizations, litigious disputes, or excessively delayed proceedings, you can greatly benefit from consulting a qualified real estate attorney. Here are some common legal issues that a seasoned real estate lawyer can help you with:

• Disagreements about the drafting or execution of a property purchase contract
• Purchasing, selling, and closing property
• Any disputes regarding community property and joint ownership
• Title defects or disputes
• Quiet title actions
• Eminent domain (condemnation) acquisition, easement, and right of way cases
• Local and state real estate regulations, including zoning and rezoning matters
• Deed enforcement
• Breach of contract
• Property boundary disputes
• Refinancing a mortgage
• Property foreclosure
• Liens
• Mortgage fraud
• Real estate development, construction, and improvements
• Leasing termination, initial agreements, and renewal proposals
• Landlord and tenant rights and disputes, including eviction, discrimination and retaliation protection, late rent payment, access to leased property, maintenance, repairs, and deposit returns
• Community association issues
• Implied and express warranties
• Probate proceedings

What’s Included in a Real Estate Contract?

A real estate contract is a legally binding and enforceable document that details the specific terms for the sale of a piece of property. Within the closing process of a real estate sale, the prospective buyer and seller of the property must agree on the terms of the contract in addition to any conditions included in it. Typically, a real estate contract will contain:

• The purchase price of the home or property
• How this amount will be paid
• A description of the property, such as land surveys
• Terms outlining the paying of property taxes and utilities until the final payment or closing date
• The party responsible for maintaining the property until the time of transfer
• Items included within the real estate purchase
• Actions to be taken upon an incomplete down payment or denial of the buyer’s financing

The potential buyer of a property is allowed to terminate their contract and withdraw their offer to purchase it without suffering any penalties. However, this is only the case if the buyer does so within three days of receiving the disclosure statement. To cancel a contract, the buyer must provide written notice to the seller, and, upon retracting their offer, the party will also get their deposit back.

FAQs

How Much Does a Real Estate Attorney Cost in Mississippi?

Real estate lawyers in Hattiesburg, MS tend to charge an hourly rate, and the total cost of their services will depend on what the client needs assistance with. Some real estate cases are relatively simple and primarily require the attorney to review some documents and perform other procedural duties.

However, other issues that are likely to take a fair amount of time, such as real estate litigation, typically entail extensive work on the part of the attorney, so the total costs will reflect that.

Is Mississippi an Attorney-Closing State for Real Estate?

Yes, Mississippi is among the many states that are attorney-closing. In real estate, attorney-closing means that an attorney must be physically present during all proceedings regarding the selling, buying, or refinancing of a property. The purpose of these laws is to protect individuals with minimal legal knowledge from entering into poor real estate deals.

Do I Need a Real Estate Lawyer for Probate in Mississippi?

In Mississippi, attorneys are required for all real estate transactions. While probate doesn’t typically involve real estate transactions in the traditional sense, you should still retain an attorney for probate. Similar disputes may arise during probate, such as proper ownership of certain real estate.

Probate, the legal process of settling a deceased person’s estate, may involve real property, which warrants having an attorney present. Regardless, an attorney is required to advise the administrator of the estate.

What Does It Mean to Refinance a Mortgage in Mississippi?

Refinancing a mortgage in Mississippi means paying off your current home mortgage loan by taking on a new one. This option may not be ideal for everyone, so it’s recommended that you meet with a real estate lawyer about the prospect before jumping into the process. Potential benefits of refinancing include obtaining a lower interest rate and monthly mortgage payment, along with shortening the duration of your home mortgage loan.

Qualified and Experienced Real Estate Law Firm

Mississippi law requires that a trained legal professional be present during the closing of any real estate transaction. Not only is an attorney’s presence warranted for procedural reasons, but a real estate lawyer is there on your behalf to guide you through the complex process and ensure that you’re aware of all the legal consequences of a sale.

Many real estate transactions are relatively simple, and you won’t require the services of your attorney beyond closing day. However, it’s wise to retain an experienced real estate lawyer if any issues arise after the purchase process is complete—whether you’re the seller or the buyer.

At Berry Law Firm, we can help you with all your real estate legal needs—no matter how simple or complex they may appear. Our firm can assist you with closing a deal, contentious litigation proceedings, or refinancing a mortgage, among many other issues you may be facing. Contact our office today to speak with an experienced real estate attorney.