Commercial & Residential Real Estate Law

Bismarck, North Dakota Commercial & Residential Real Estate Law Attorney

Matters of commercial & residential real estate are often prone to complications and require experienced legal counsel. Real estate owners, businesses, partners, and shareholders may find themselves at odds with each other or even with neighbors, tenants, and family members. Even the most seemingly minor dispute can easily turn into a costly and complicated legal affair.

The lawyers at Germolus Knoll & Leibel, LLP are here to prevent that from happening. With over 60 years of combined legal experience, our attorneys have helped resolve countless commercial & residential real estate law cases. We can help you, too.

Our knowledgeable and respected real estate lawyers are experienced in helping clients structure, negotiate, and close thousands of commercial & residential real estate transactions. We represent developers, owners, buyers, sellers, landlords, and tenants alike in a variety of real estate matters in Bismarck and the surrounding areas. Whether you are an individual or a business, we are committed to protecting and fighting for your rights.

Areas of Commercial & Residential Real Estate Law We Can Handle

Our qualified and skilled legal team is focused on one thing: providing you effective, customized legal counsel with impressive results. As effective litigators, we know how to resolve your legal problems and bring forth the results you want in the most expeditious way possible. We cover multiple areas of commercial & residential real estate law, including the following:

Deeds & Transfers of Title: A deed refers to a written real estate document transferring ownership or title of a property from one person to another. Generally speaking, deeds will include a full description of the property, dates, and locations related to the transactions, and the names of the parties involved. Deeds must be officially accepted and delivered in order to be deemed valid. Two main types of deeds exist- warranty deeds and quitclaim deeds. Warranty deeds guarantee a clear title for the receiving party, as there are no liens or other debts existing on the property. Quitclaim deeds, however, do not make any guarantees of a clear title. Consequently, quitclaim deeds are generally made only between parties who already trust each other—such as family members who must transfer property to an heir.

Eminent Domain & Condemnation: Eminent domain, also known as condemnation, refers to the local, state, or federal government agencies’ power to take private property for public use. Eminent domain is contingent upon the fact that the owner is paid what is considered just compensation. However, private corporations (such as oil & gas companies) may also be granted eminent domain if their projects are deemed beneficial to the public. Condemnation attorneys fight on behalf of private landowners who are threatened by and wish to challenge eminent domain.

Environmental & Regulatory Compliance: The standards of federal, state, and local environmental regulations are always changing. It can be hard to keep up by yourself. Our lawyers can help walk you through each step of the process. Whether you are a developer, investor, lender, property owner, or landlord, we are available for legal counsel on all matters regarding real estate that may have undergone various forms of environmental contamination, petroleum leaks, claims of liability, or other related matters. The attorneys at Germolus Knoll & Leibel, LLP can help you obtain the proper environmental insurance and make negotiations with regulatory agencies.

Estate Planning: Estate planning is a sensitive topic of the utmost importance. After a lifetime of hard work, good estate planning is essential to ensure that everything you have earned is realized to its full potential—and that it is distributed accordingly. That’s why we take pride in handling a variety of estate planning matters. We work closely with our clients to carry out their wishes when it comes to planning for the distribution of property after death—and we make sure to take all wills, taxes, insurance, property, and trusts into account so as to gain the maximum benefit of all laws.

Homeowners Associations: Most homeowners associations (HOAs) are corporations formed by a real estate developer and incorporated prior to the sale of any homes in the region. Each member of an HOA must pay fees and comply with its rules and regulations. While HOAs provide services, regulate activities, levee assessments, and may even have the ability to impose fines, they are not subject to the public government’s constitutional constraints. If you are embroiled in a legal battle with your HOA, the skilled real estate attorneys at Germolus Knoll & Leibel, LLP can help protect your rights.

Landlord-Tenant Issues: In addition to doing your research about the location and other factors, you want to make sure that your properties are occupied by good tenants. In some cases, bad tenants may end up costing you more than having no tenants at all. An eviction can be an extraordinarily time-consuming process. Protect yourself from irresponsible tenants by obtaining insurance and legal protection in addition to employing a good screening process.

Property Management: Real estate purchases can be daunting. For most people, deciding to make a real estate purchase can be one of the most significant decisions you make. It is also probably one of the largest financial transactions you will make in your lifetime. All of this makes it absolutely vital for you to ensure that you are properly protecting your interests. A real estate attorney will help you protect your legal rights and guides you through every step of the process, such as reviewing the deed, title, and all other documents before you sign. This may help you avoid expensive, unneeded delays and can lead to a quicker and overall more beneficial transaction on your behalf.

Real Property Disputes & Litigation: Unfortunately, it is not uncommon for buyers to run into problems after their real estate transaction. For example, it may be possible that you have recently purchased a home and found something faulty inside. In many cases, the real estate agent/agency will offer you, the buyer, a warranty policy to cover certain losses you incur. The first thing you should do is determine whether or not you were given or purchased a warranty policy at the time of your home purchase. In most cases, the buyer is responsible for any repairs that must be made on a home that has been sold as-is. Speak to an attorney at Germolus Knoll & Leibel, LLP to ensure the best course of action for you to take. We will review any contracts you have already signed to go about the best possible course of action.

Representation at Closing: Because commercial & residential real estate transactions are such massive investments, it may be beneficial to hire an attorney for closing your deal. We make sure to protect your financial and property rights while also making sure the closing process is as cost-efficient and timely as possible. Real estate law is complicated, and it can be hard to understand the legal jargon if you are not already well-trained in it. We can help explain, review, analyze, and even rewrite your closing documents in order to minimize your risks.

Zoning & Land Use: Owners of both commercial and residential real estate must take zoning and land use laws into careful consideration, as noncompliance with such regulations can swiftly put an end to your development project or business or home renovation. Zoning and land use disputes can be complex and costly, making it beneficial for you to work with an experienced real estate attorney before any problems arise.

Regardless of whether you are being forced to defend your interests or are simply taking preventative legal action, the attorneys at Germolus Knoll & Leibel, LLP are here to advocate for the best possible outcome for you and your real estate matters.

Experienced North Dakota Commercial & Residential Real Estate Law Attorney

We all know that real estate is a huge investment—but no investment is risk-free. You always want to get what you pay for. Real estate is no exception. That is why making good decisions about any real estate transactions is so important. This involves becoming familiar with the sort of moving parts and legal protections of real estate law.

Conflicts happen. Some of them may even come to litigation. Possible issues that could arise involve, but are not limited to the following:

  • Breach of Contract
  • Contract Disputes
  • Problems with Construction
  • General Construction Defects
  • General Real Estate Litigation
  • Nonpayment-Associated Evictions
  • Foreclosure
  • Perfecting or Confirming a Prior Tax Sale.

Real estate concerns can be disruptive when attempting to make a smooth, quick, and easy transaction. Ensure your own success by having someone on your side who understands all of the real estate laws in North Dakota and knows what is at stake.

When facing the complicated matters of real estate law, it is crucial to seek out the assistance of a competent attorney who understands the complex nature of the issues you are experiencing. Our lawyers have decades of real-world experience to help you with any real estate matters that you may be dealing with. We employ our skills and expertise to get you the results you need and deserve. Contact us today to schedule a consultation with one of our experienced legal professionals. We will be happy to go in depth on any questions and concerns you may have and put your mind at ease.