Real Estate Attorney

When developing a purchase agreement, it is important to acknowledge the buyer's and the seller's wishes. A purchase agreement will explicitly state any issues to be addressed before completing the sale. This may include:

• What to do if a property inspection discovers asbestos, radon, termites, or lead-based paint
• If property alterations by the seller or current owner were done lawfully
• If the buyer’s plans for future alterations can be done lawfully
• The financial and legal consequences if the deal does not go through

While not required by Utah law, it's a good idea for sellers to hire an attorney. If a seller signs a brokerage agreement that does not deal with certain legal issues, the seller may become liable to pay a brokerage commission even if a sale does not occur. Lawyers can also review a home inspection to make sure that all relevant information, including defects or judgments, is made known to the buyer. This reduces your chances of being sued by the buying party for failure to disclose information.

If the seller is dealing with a corporation or partnership, there are added layers of complexity. If the transaction is improperly completed due to failing to clear a title, failing to disclose specific defects, or violating a corporate charter for any reason, the seller may face a series of lawsuits by the entity and each of its individual partners.

Legal advice and guidance from Froerer & Miles can help sellers navigate complicated processes and avoid costly errors.

A clean title is required for real estate deals to go through. Title searches examine public records and legal documents to confirm ownership and reveal any outstanding claims on a real estate holding.

While it is possible for a buyer to conduct a title search on their own, locating and parsing these records without legal know-how is difficult. Our Ogden real estate lawyers can perform a title search on behalf of a prospective buyer. In doing so we can identify issues such as:

• Undisclosed property owners
• Liens or judgments on the property
• Pending lawsuits or legal issues
• Tax debt and other financial problems
• Disputes over the property's boundaries
• Easements to utility companies and other parties

Residential Property Foreclosure

Typically, foreclosure cannot begin until payments are 120 days past due. During this preforeclosure period, there is an opportunity for loss mitigation in which you can work out a payment plan with the lender. Our real estate attorneys can offer insight into the process and advise clients of the best options moving forward.

Commercial Property Foreclosure

For businesses, the threat of foreclosure could mean the end of operations. Our attorneys can review options for debt reorganization and help negotiate new terms for your loan that reflect your current financial realities.

If you’re involved in commercial real estate development or want to build a new home, you need to know the land use and zoning laws that apply to your property. Failure to meet existing regulations could lead to major setbacks in your real estate venture.

Our real estate attorneys are familiar with various zoning and land use ordinances throughout Ogden, Layton, and other Northern Utah neighborhoods. We can offer guidance on different development approval requirements, and explain the steps you need to take to avoid expensive mistakes.

The Utah real estate lawyers at Froerer & Miles can also challenge and appeal existing ordinances while working with state and local government agencies. Our goal is to help your development get underway with minimal issues.