Q: If one of the terms of my sale/purchase of real estate isn’t included in the contract, can I still make the other side abide by it?
A: The general rule is that if it involves real estate, it has to be in writing. Most real estate contracts expressly state that they have the entire agreement contained on the document and also state that there are no side verbal agreements. There are exceptions to this rule but they can become detailed and complex, and need to be discussed with an attorney.

Q: What if the contractor building the new home next to mine keeps driving his trucks across my property?
A: This would be known as a trespass. The damages would include the need to repair any property destroyed or significantly damaged by the trucks. It also includes what are called general damages because the law holds that real estate is unique, and you as the property owner may have a claim for additional damages known as general damages. This is something that can be discussed with your attorney at the initial consultation.

Q: What do I need to bring to my lawyer to see if I have a case?
A: It does not matter whether you are the one bringing the case or the one having to defend the case. The lawyer needs to see all contracts, deeds, correspondence or anything else in writing relating to this transaction.

Q: What if I do not have a copy of the deed?
A: It is normal for a deed to be recorded in the clerk’s office of the superior court for the county in which the land is located. There is no notice to the public of the transfer of land until the deed has been filed with the clerk and entered in the clerk’s records. If you do not have or cannot find your copy of the deed, you can get a copy of the deed at the clerk’s office. If you need it for official reasons, such as proof of ownership for litigation or a loan at the bank, the clerk can certify a copy of the deed when the clerk prepares it for you.

Q: Will my home owner’s insurance defend me if I get into a lawsuit over real estate?
A: Your home owner’s insurance is defending you against property damage or personal injury claims, such as when your neighbor’s tree falls across the property line onto your roof, or a guest slips on your front steps and is injured. The purchase or sale of your land is not something that your home owner’s policy is typically concerned about.

Q: Is there any type of insurance on the purchase or sale of land that I should look at?
A: Yes. You should purchase a title insurance policy. The lender will have purchased a title insurance policy and the closing attorney will have the title searched, either by that lawyer’s office or by someone who is a certified title specialist. If you do not specifically order a title policy for yourself, you will not have title insurance. If a flaw in title comes up, such as an undisclosed easement or a claim by a third person as to title, for instance a lis pendens filed by the seller’s spouse in a divorce action, you have no insurance to fall back on. If you are purchasing the land, be sure to buy a seller’s or purchaser’s title insurance policy.

Q: How is my attorney fee determined?
A: If the case involves your claim for money damages, the case can be handled on either a contingency basis where you owe a percentage of the money received by settlement or collecting on a judgment as an attorney fee plus reimbursement for expenses of litigation and costs, or it can be a normal hourly rate plus reimbursement for expenses of litigation and costs. If you are seeking the recovery of land or to enforce a contract, or defend a case against you, the attorney fee would typically be an hourly rate plus reimbursement for expenses of litigation and costs.