Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

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picture of Wilson Legal Group Austin phone number is  512-691-4100
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REAL ESTATE & PROPERTY TRANSACTIONS

ATTORNEYS

Wilson Legal Group can guide you through residential and commercial real estate matters, including purchase, sale, and land disputes.

REAL ESTATE LAW & COMMERCIAL PROPERTY

What Is Real Estate Law?


Real estate law governs the sale, purchase, and lease of residential property and commercial property. It is the law that governs how people acquire and use real property, including property fixtures which are permanently attached to land or a necessary part of any real property structure (e.g., lighting, HVAC, plumbing, etc.). Many laws effect the sale and transfer of land, such as land titles, purchase deeds, deeds of trust, loans, zoning, and taxes. 


Our real estate attorneys can advise you on a wide range of legal matters including land purchases, home purchases, deeds of trust, land purchase agreements, and other commercial transactions involving land. We also perform real estate litigation, commercial litigation, lawsuits for specific performance, and breach of real estate contracts. When you work with our firm, you can rest assured you will receive direct legal counsel from a well-versed lawyer in business, corporate and commercial law. Among other things, our real estate lawyers can help you in the following real estate legal concerns:

 

  • Residential Property Closings;

 

  • Commercial Property Closings;

 

  • Title & Transfer Documents;

 

  • HUD-1 Reviews;

 

  • Purchase Agreements;

 

  • Mortgage Documents;

 

  • Real Estate Litigation;

 

  • Defects In Title;

 

  • Zoning & Land Use Issues;

 

  • Title Liens & Searches; and

 

  • Chain of Title.

 

If hired, a real estate attorney will attend the closing with the buyer and/or seller to ensure a smooth closing. A closing occurs when title documents are signed and money is paid and the title is transferred from the seller to the buyer. Our Dallas real estate attorneys are there not only to review real estate documents but to oversee the legal and binding transfer of real property. At Wilson Legal Group, our Dallas real estate lawyers utilize a team-based approach that benefits from having access to multiple attorneys with substantive years of experience in many practice areas. Whatever your real estate needs may be, our property attorneys have the talent, resources and expertise to meet them in an efficient, timely, and cost-effective manner.


How To Avoid Fraud When Buying Real Property?


Without due diligence, one of the most devastating frauds that can occur to a property purchase is title fraud. Title fraud occurs when a seller poses an owner, produced forged documents which have often been filed with the city or county, and sells the property to the unsuspecting buyer under false pretenses. This type-fraudster will fraudulently sell title, take the closing proceeds, and often cannot be found after the sale given he or she used false identification (e.g., a fake drivers license, fake passport, or other false identification documents). Once the fraud is discovered, it is often difficult to find the fraudster. Our Dallas real estate lawyers can assist you in managing any real estate transaction and help you avoid fraud.


Real Property Lawyer


Our property lawyers advise individuals, small businesses, entrepreneurs, and real estate companies. Our real estate and commercial litigation lawyers represent and defend clients in court throughout the United States, including the U.S. District Courts for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas. 



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Additional Real Estate Focus

Common Real Estate Legal Issues


When contemplating a commercial real estate transaction, many legal issues can arise during negotiations, contract drafting, closing, and even after the title has transferred.  Our real estate lawyers counsel clients in a wide variety of real estate and commercial transactions. including estate issues that often arise when buying and selling a property:


Title Defects: It important to hire a real estate attorney to review and have any title issues which result from a search of local county deed records.  Title defects are claims against land which inhibit or prevent clean title from transferring from a seller a buyer.  These title defects are found after a title search, and before closing, and our Dallas real estate lawyers will guide you in handling title defects such that clear and defect-free title can transfer at closing.  In the event a title defect cannot be cured, it is important that any purchase agreement has a clause allowing you to terminate the real estate transaction without penalty. 


Land Use Restrictions and Zoning: Vacant land, commercial property, and residential real estate often have specific zoning and land use restrictions created by local government.   The laws govern what can be done with the property.  For instance, unless you seek zoning change in advance, you may not be able to build a commercial property on land designated as residential or vice versa.  Our real estate attorneys can assist in zoning research, as well as zoning change requests or obtain local permits to build or remodel your property.


Assumption of Liability: Before any land is bought and sold, you must understand any liabilities you may be assuming in purchasing the land.  For instance, past due taxes may exist, liens on property may exist, and even pre-existing hazardous conditions may exist for which remediation will be required by law.  For instance, if you were to buy a property with any unplugged inactive wells it could be an environmental hazard, or an inevitable personal injury claim waiting to happen, which could subject you to liability or force you to pay thousands of dollar to remediate such hazard.  Our attorney will assist you in making sure you do not accept the liabilities or hazards created by prior owners.


Legal Representations and Warranties:  Warranties are promises that a statement it true and will meet or exceed the stated representations or conditions.  Buyers of commercial real estate should secure from a seller as many representations and warranties as possible to validate the land or building being purchased; however, if a property is sold "AS IS" or "WITH ALL FAULTS" the buyer generally assumes the risk and cannot look to the seller in the event of any defect.

CLIENT MATTERS


5,000+


YEARS OF SERVICE

 25+

Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

View All
A cardboard box with the word brain written on it.
By Chelsea Lankford 21 Mar, 2024
Assessing Mental Capacity to Enter Contracts in Texas
Failed Contract
By John Wilson 28 Jan, 2021
It is a well settlement principle that Courts do not make contracts for litigants, they enforce them. The remedy of reformation beyond that which the jury found is not available merely under the allegations of plaintiff's petition.
Specific Performance
By John Wilson 11 Feb, 2019
The remedy of specific performance is purely equitable in nature and is governed exclusively by the maxims and principles of equity. Steves v. United Services Automobile Association, 459 S.W.2d 930 (Tex.Civ.App.-Beaumont 1970, writ ref'd n.r.e.); Ferguson v. Von Seggern, 434 S.W.2d 380 (Tex.Civ.App.-Dallas 1968, writ ref'd n.r.e.). Suit for specific performance, being a matter of grace, is not one of absolute right. Johnson v. Karam, 466 S.W.2d 806 (Tex.Civ.App.-El Paso 1971, writ ref'd n.r.e.); Rutherford v. Nichols, 253 S.W.2d 306 (Tex.Civ.App.-Eastland 1952, writ ref'd n.r.e.). In order to be entitled to specific performance of a contract, the person seeking such relief must come into court with clean hands, and ‘the contract must be equitable, perfectly fair in all its terms and free from any misrepresentations, fraud, mistake or misapprehension’. Inman v. Parr, 311 S.W.2d 658, 709 (Tex.Civ.App.-Beaumont 1958, writ ref'd n.r.e.). In Nash v. Conatser, 410 S.W.2d 512 (Tex.Civ.App.-Dallas 1966, n.w.h.), the Court provides a detailed and comprehensive enumeration of well established guidelines relating to the equitable remedy of specific performances: “To justify specific performance, contract must be reasonably certain, unambiguous and based upon valuable consideration, must be fair in all its parts and free from misinterpretation, misapprehension, fraud, mistake, imposition or surprise, situation of parties must be such that specific performance will not be harsh or oppressive, and one seeking remedy must come into court with clean hands.” A party may be entitled to specific performance if: (1) the contract is reasonably certain, unambiguous, and based on valuable consideration; (2) the contract is fair in every section, void of misrepresentation, misapprehension, fraud, mistake, imposition, or surprise; (3) the parties are so situated that specific performance will not be harsh or oppressive; and (4) the party seeking specific performance must come into court with clean hands. See Liberty Mutual Insurance Co. v. National Personnel Of Texas, Inc. (Not Reported In F.Supp 2d., N.D. Tex. 2004) citing Nash. The question of whether a contract is ambiguous is one of law for the court. Heritage Resources, Inc. v. NationsBank, 939 S.W.2d 118, 121 (Tex. 1996); R & P Enter. v. LaGuarta, Gavrel & Kirk, Inc., 596 S.W.2d 517, 518 (Tex. 1980). A contract is ambiguous when its meaning is uncertain and doubtful or is reasonably susceptible to more than one interpretation. Heritage Resources, Inc. v. NationsBank, 939 S.W.2d 118, 121; Coker v. Coker, 650 S.W.2d 391, 393 (Tex.1983).
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