Real Estate Law
eal estate law is a specialized area of law that deals with all aspects of buying, selling and maintaining land and buildings, known in the law as real property. While a large percentage of the worlds' wealth is tied up in real estate, this area of the law utilizes very specific and often unfamiliar terminology. For this reason, the buying and selling of real estate in Nebraska can be a very frustrating process without the proper guidance.
The average Nebraska real estate transaction can take anywhere from four to twelve weeks, or longer, depending on the complexity of the transaction. Real estate transactions are governed by all aspects of the law including federal statutes, Nebraska statutes and common law. In addition, real estate laws can vary extensively from state to state. However, there are some basic rules that apply to real estate transaction in most every state. For example, contracts concerning real property are required by the Statute of Frauds to be in writing. In addition, federal law specifically prohibits discrimination in real estate transactions based on race, color, religion, sex or national origin.
Most Nebraska real estate law deals with the buying and selling of residential or commercial property, but other areas of real estate law include:
- Development, zoning, subdivisions, land use approvals and permits
- Joint Ventures and Partnerships
- Leases
- Landlord/Tenant Rights
- Terminations and Evictions
- Credit Enhancement
- Mortgages and Foreclosures
- Title Examinations
- Quiet Title actions
- Closing
Furthermore, in each transaction, there are tax consequences that need to be considered.
When dealing with Nebraska real estate and the law surrounding it, the advice of a competent, qualified Nebraska attorney should be sought in order to ensure that your rights are protected and that you are in compliance with all laws, statutes, regulations, ordinances or codes concerning the real estate.
We at Parker, Grossart & Bahensky, L.L.P. have numerous years of experience in virtually all aspects of Nebraska real estate law.