Roy N. Johnston, Attorney*
Johnston Thomas, Attorneys at Law
Hiring a knowledgeable real estate is the key to a successful transaction. And here in Santa Rosa and Sonoma County, there’s no substitute for local knowledge. There are dozens of situations in which an attorney can help you, but I’ve lumped them into two general categories: transactions and litigation.
A good real estate attorney is the best preventative medication. Well-written contracts help keep all parties on track and performing in good faith, which helps prevent litigation down the line.
A real estate attorney can help you negotiate and understand the terms of the contract and the many seller disclosures required by law. If you are planning to build or expand on your new property, you will need to take into account the environmental restrictions in Sonoma County, such as the Tiger Salamander protection and flood zones. Your attorney can draft or review your note and deed of trust and advise you of the many available options, such as a fixed, adjustable, VA, or FHA loan. He or she can make sure that the “boilerplate” provisions don’t’ come back to haunt you. Finally, if you are going to share property through a limited partnership, joint venture or equity agreement or have tenants in common, these require careful drafting to protect your interests.
In spite of the best-written contract, some issues can lead to litigation.You can probably guess what construction disputes, breaches of contract, and boundary disputes mean, but real estate attorneys in Santa Rosa and Sonoma County also represent people in three other areas that you might not be as familiar with. A partition action is the division of property between two or more co-owners.A prescriptive easement is where someone claims to have a right to part of your property. This might be anything from public utilities to a neighbor’s livestock using your land. And a failure to disclose means that the seller did not disclose either something about the property required by California law, or something that the seller and buyer agreed to disclose. California law is adjusted from time to time, and your real estate law expert will be up to date on the latest information.
These are the most disputes seen by local real estate attorneys. If you need expert advice on upcoming real estate transactions or litigation, don’t wait! Find a real estate attorney in Santa Rosa, Sonoma County. We at Johnston Thomas specialize in real estate law. We have years of experience, dedication to excellent counsel and representation, and we’re waiting to help you. Start by making a no-cost, no-obligation appointment today.
*In his 19th year of practice, Roy Johnston practices in the areas of real estate, business, and estate planning. He may be reached at (707) 200-1366, or firstname.lastname@example.org.
This blog is for general information only. It is not intended to be legal advice.