top of page

REAL ESTATE LAW

Real estate is an important and expensive investment. Easements, zoning, covenants, liens, road and well agreements are just a few examples of things that can limit your land use.

Real estate documents, including Buy Sell Agreements and Title Insurance, are difficult to understand.  Review of relevant documents for your real estate transaction before committing yourself to buy or sell is vital in protecting your interests.

Most transactions that go wrong are due to a failure to investigate what is actually being sold in the documentation governing the property and this is usually a costly financial mistake.  A real estate attorney will help you avoid many pitfalls and educate the client on the particular characteristics of the property.

Real Estate professionals are hired to help the transaction close for a reasonable price.  They are not licensed or trained in real estate law and should refer you to a real estate attorney for an opinion regarding all legal questions and all of the top agents/brokers do.

Canadians regularly buy and sell real estate in Montana, and many find peace of mind with the assistance of a local real estate attorney to protect them in the process and to explain the laws that governs their transaction.

Do I need an attorney for a real estate Purchase?

A common question people ask is why do they need an attorney involved in a real estate transaction. The answer is that it depends on the individual transaction. An attorney can write the contract and work with you to close the transaction. Or, you can hire a real estate agent or broker licensed by the state of Montana to write contracts for real estate transactions. However, they should not be advising you on legal issue beyond the contract and are told in countless continuing educations course not to do so, but to recommend that the client visits with an attorney. My experience in real estate litigation often stems from the agent or broker doing something they should not be doing, like giving legal advice. A good guide line as to whether you should hire an attorney is you gut instinct. If you are getting nervous about the answers and explanations you are receiving in a transaction, consult an attorney. If you are purchasing a piece of property that is unique, large and expensive, you should consult an attorney. Many times a review of the transaction is affordable and it gives you piece of mind that an attorney has reviewed the transaction and their malpractice insurance will likely cover a mistake they make. If your transaction involves land, easements and water rights, I suggest you visit with an attorney. The most common real estate disputes I see are over easements, water rights and boundary lines. All of these issues become relevant when the land is being split into smaller parcels that were once a large tract of land and this happens all the time in Montana. An attorney can review the legal history of the property and provide an opinion that states what you easement is and is not, etc. If you are looking to purchase real estate in Montana and do not know if you should hire an attorney, call Wagner Law Firm because the initial consultation is free.

bottom of page