Real Estate Law

In Kansas, an attorney is not required for real estate transactions, but hiring one can protect you from potential legal issues. A real estate attorney reviews contracts, ensures proper title transfers, and checks for any legal problems with the property. Buying a home is one of the biggest financial decisions you will make, and mistakes in the paperwork or hidden property disputes can lead to costly complications. I assist buyers in reviewing contracts, identifying risks, and ensuring the transaction is legally sound.

Title insurance protects homebuyers from potential ownership disputes, unpaid property taxes, or legal claims on the property. Even if the title appears clear, past ownership issues or recording errors can surface after purchase. Mortgage lenders usually require title insurance, but even if you’re paying in cash, having coverage ensures you won’t face unexpected legal battles over your property. I help clients review title reports and make sure there are no hidden issues before closing.

A real estate contract outlines the terms of the purchase or sale and includes key details such as the purchase price, contingencies, closing date, and responsibilities of both parties. One of the most important sections is the contingency clause, which protects buyers by allowing them to back out if certain conditions (like home inspections or loan approvals) are not met. Other important elements include disclosure statements, repair agreements, and terms for escrow deposits. I review contracts to ensure that my clients’ interests are protected before they sign.

Property line disputes arise when neighbors disagree about the boundary between two properties. These disputes often occur due to unclear property descriptions in old deeds, incorrect fence placements, or conflicting surveys. The best way to resolve a property line dispute is to review the official survey and legal description of the land. If necessary, a new survey can clarify boundaries. In some cases, mediation or legal action is needed to resolve disputes formally. I assist property owners in negotiating fair solutions and, if needed, handling boundary disputes in court.

Yes, you can sell a property with an existing mortgage, but the loan balance must be paid off at closing. When you sell your home, the mortgage lender is paid first, and any remaining proceeds go to you. If your home’s value has dropped below what you owe, you may need to negotiate a short sale with your lender, where they accept a lower amount as full payment. Understanding how much you owe and your selling options can help you avoid unexpected financial issues. I assist sellers with contract reviews and negotiations to ensure a smooth transaction.

Real estate contract disputes can arise when one party fails to meet their contractual obligations, such as missing a deadline, failing to disclose property issues, or backing out of the deal without justification. The first step in resolving a dispute is negotiation—many issues can be settled through direct discussions or mediation. If that doesn’t work, legal action may be necessary to enforce the contract or seek damages. I work with buyers and sellers to find fair solutions and, if needed, represent them in court to protect their rights.