 |
Real Estate Washington Real Estate Transaction and Litigation Solutions At Foster Law Offices, our dynamic real estate practice is dedicated to providing efficient and cost-effective solutions to a wide variety of real estate transactions as well as litigation. Whether we are providing strategic legal advice and lead negotiation services in the sale of a commercial property or prosecuting a breach of contract action in Superior Court, we represent clients in most all Washington real estate matters. We represent buyers, sellers, landlords, tenants, and all parties in a real estate transaction. From residential and commercial purchase and sale to construction contracts and commercial leasing, we handle the full range of real estate transactions. Our transactional practice is devoted to working closely with the client to:
Unfortunately, a real estate matter may sometimes cause one party to turn to the courts to resolve a dispute. Our real estate litigation practice represents plaintiffs and defendants in various real estate litigation matters concerning:
Remember, an experienced real estate attorney is not an expense, but an investment in your investment. Whether contract or litigation, the stakes in real estate are inevitably high. The outcomes associated with your real estate interests can affect the quality and amount of return on your holdings for decades to come. Purchase and Sale In addition to being an attorney, Jeffrey Foster is also a licensed real estate broker and member of the Northwest Multiple Listing Service. We represent home and commercial property buyers and sellers in the purchase and disposition of real property, including but not limited to:
Our extensive experience as a Washington real estate law firm and licensed real estate broker deliver a unique dual-pronged perspective to prospective buyers and sellers. Clients can choose whether to pay hourly through our law firm or on a commission basis through our real estate brokerage, Navigation Real Estate. Moreover, in the event a dispute arises during or after the closing of a real estate transaction, we represent parties who are forced to utilize the courts to obtain the necessary legal relief to solve their legal problems. Our real estate litigation team delivers no-frills legal advice on the likelihood of success of your case and aggressive advocacy for those who desire to move forward with litigation. Broker Disputes Almost every real estate transaction involves one or more real estate brokers as well as the real estate agents representing the broker(s). Most brokers are hard working professionals who earn every dime of their commission. Some brokers, however, are tempted to cut corners in transactions, and to not tell their clients the whole truth. Conversely, sometimes real estate buyers or sellers, who mishandle a deal, will unfairly blame their broker, even though he or she did nothing wrong. Inevitably, broker disputes must be resolved through strategic negotiation, as well as arbitration, mediation and litigation. As a broker, we are acutely aware of the complex and sensitive nature of broker-client dealings. Whether the dispute is based on broker disclosures (or non-disclosures) or commissions, we represent brokers and individuals in disputes regarding negligence and contract-related issues. Construction Defects A construction defect action may be brought by a property owner against the developer or contractor responsible for constructing the property, or by the contractor against another contractor or sub-contractor. An individual property owner’s cause of action against a developer or contractor is usually based on a warranty or negligence claim. On the other hand, a cause of action by a developer or contractor usually arises out of the breach of contract by one contractor towards another. Litigants in a construction defect case face numerous risks in the litigation. Property owners risk losing out on significant value in their properties if they are unsuccessful in their lawsuit, while developers and contractors risk losing tens if not hundreds of thousands of dollars in civil judgments for frivolous lawsuits. Construction defect cases can also cost significant sums in repair costs and attorney’s fees, as well as the expert fees associated with proving the claim. Foreclosure When a homeowner is unable to make mortgage, property tax or other secured loan obligations, a creditor may take action to reclaim and sell the property to recover the creditor’s losses on the loan. We represent property owners by reviewing loan and foreclosure documents to deliver options and solutions to those facing foreclosure. We also represent homeowners who no longer desire to continue making mortgage payments and who desire to sell their home or commercial property. Through our real estate brokerage, we list homes and properties for sale on the MLS and market the properties through various media and online publications. In the event a home sale will not result in enough proceeds to repay mortgage loan obligations (short sale), we negotiate with mortgage lenders to waive or reduce any deficiency balance remaining against you following the sale. Fraudulent Transfers When individuals face a civil judgment or creditor action, property may be transferred from the debtor to a family member or friend. Whether a transfer is fraudulent turns on the facts surrounding the transfer and Washington’s fraudulent conveyance statute, RCW 19.40. We represent creditors in legal actions against debtors who have fraudulently transferred assets to avoid a lien and potential foreclosure of the asset to satisfy a creditor claim. By filing a lawsuit or by making a motion in an existing case, we can set aside the fraudulent transfer to the family member or friend. A fraudulent conveyance action also enables us to attach a lien to the transferred property, obtain an injunction to prohibit any further transfers, and obtain a judgment for attorney’s fees and other creditor-friendly remedies. Mortgages/Deeds of Trust In virtually every property purchase, a buyer utilizes some type of financing to fund the purchase. The loan utilized by the buyer to purchase the property is secured by the property being purchased. So, if the purchaser fails to repay the property loan, the lender can foreclose and sell the property to recover its losses incurred as a result of the loan default. In Washington State, the laws governing mortgage loans and deeds of trust are complex and intricate. To assist clients in understanding their loan and financing options, we offer advice and consultation on different mortgage loan products and negotiation of rates and fees with your mortgage broker. In addition, you can retain us to attend your residential or commercial closing. In this real estate market, it is always wise to retain an attorney to attend closing and make certain you understand all documents before you sign. Leasing and Landlord/Tenant In addition to purchase/sale-related matters, we also represent landlords and tenants in residential and commercial leasing, disputes and evictions. Managing residential and commercial leasing can prove to be a difficult undertaking with serious legal consequences for those attempting to go it alone without the benefit of legal counsel. We devise unique leasing strategies based on your operational goals and metrics. In the event a tenant fails to make required payments we move quickly to resolve the problem through negotiation or eviction, depending on your personal objectives. If eviction is your desired remedy, we work closely with the service agents and other third parties to ensure the tenant is served with all notices and pleadings and fully complying with all unlawful detainer statutes. More Information/Contact Us We welcome your inquiries and questions regarding commercial and residential real estate transactions and disputes. For further information on our real estate brokerage services, please visit Navigation Real Estate at www.navigationre.com. To contact us, please complete the Quick Contact Form to the right, or if you would like to contact us directly feel free to call us at: (206) 903-1836. If you prefer to submit your questions in writing we welcome your email inquiries at: info@fosterlawoffices.com. All inquiries are strictly confidential. CONTACT US TODAY FOR A FREE INITIAL CONSULTATION |