Depending on the nature of your real estate matter, you could be subject to and governed by a wide body of federal statutes, state statutory law and/or common law. The laws of Virginia governing real estate, and the case law interpreting them, have developed over centuries from Virginia’s colonial days, and often times find their roots in English Common Law. Because of these facts, each real estate transaction, no matter what its nature, often involves intricacies, apparent and unseen, that the lawyers at Westlake Legal group can help you navigate.
The most common real estate scenario each of us will experience in our lives is buying or selling real estate. In that transaction, real estate brokers are employed as the agent of the seller in order to obtain a buyer for their property. The contract between the broker and seller is called a listing agreement. The agreement to sell between a buyer and seller of real estate is governed by the general principles of contract law. The Statute of Frauds requires that contracts for real property be in writing. Real estate brokers and salespersons are licensed and regulated by Virginia law and its Administrative Code. The principles of contract law, administrative law, agency law, and even federal discrimination laws can touch every real estate transaction. To compound these factors, professional organizations may also provide further guidelines. It is vitally important for you, either as buyer or seller, to understand each and every obligation you are undertaking when entering into a contract for the sale or purchase of real estate.
The attorneys at Westlake Legal Group are available to help you draft a contract that fits your needs, review your rights under existing contracts, or aid you in the enforcement of your rights under the contract. As with most contracts, it is imperative that you understand your rights and obligations prior to entering into it, but in the event that problems develop at a later date, our attorneys can help you relieve the stress and minimize the exposure that often flows from the unraveling of a contract.
In addition to the above, our attorneys are experienced in landlord-tenant matters, both under the Virginia Residential Landlord Tenant Act and under common law contract principles. We are available to help you draft and negotiate all residential and commercial leases; undertake the prosecution or defense of unlawful detainer (eviction) actions; and to enforce judgments gained as a result of this representation.
Commercial Leases are some of the most complex legal documents drafted and most times, the penalties for failing to perform under their terms are steep as they include personal guarantees that destroy the veil of protection offered by some business entities. It is imperative that you seek legal counsel in drafting and negotiating the terms of all commercial leases, either as a Landlord or Tenant, because no two commercial arrangements are the same. Together with your Broker, Westlake Legal Group will ensure that your rights are protected and your risk is minimized.
As you can see above, from initial contract reviews through litigation to protect your rights, Westlake Legal Group has the experience and knowledge to protect you and ensure that, at all times, your best interests are served in any type of real estate transaction you may enter into.