My new house needs repair.  Am I stuck with the bill?

By:  Brent N. Bartlett, Esq.

Question:

I recently purchased a home. Even though everything seemed fine before the closing, I just went downstairs and found a flood 6 inches deep! The previous owners told me that there were no problems with the house, and my inspection report came back clean. The repairman told me that I have to spend several thousand dollars to fix the damage. Am I stuck with the bill? How can I get out of this mess?

Answer:

Purchasing a home is one of the biggest investments most people make in their lifetime. It requires a lot of time and a lot of money to make it past the closing table. One of the worst feelings in the world is finding out that even more money is required to fix property damage just after moving into your new home. You might feel that you did everything right and researched the property as much as possible, but even the best researched homes can have hidden problems that don’t show up until you’ve already signed on the dotted line.

If you find yourself in this situation, gather as much information about your situation as possible and contact the Law Offices of Mark Weinstein. Our experienced real estate lawyers can assist you in understanding:

·         your rights as a new property owner;

·      whether or not you have a legal claim against the previous property owner, the property  inspector, or the real estate agent;

·      the necessary steps, including litigation, that may be necessary to ensure your rights as a property owner are preserved; and,

·       anything else you may need knowledge of or assistance with in regard to the failure of the previous property owner to properly disclose previous or existing property damage.

If you are facing thousands of dollars in repair bills over undisclosed property damage, then it is imperative that you act NOW so that you can fully preserve and protect your rights as a property owner. The Law Offices of Mark Weinstein have been providing guidance and representing clients in regard to real estate matters since 2001. We are committed to fighting to ensure our clients’ rights as property owners are fully protected. Contact our office at 770-888-7707 for a free consultation. Our experience is YOUR advantage.

Brent Bartlett is a real estate attorney with the LAW OFFICES OF MARK WEINSTEIN, P.C. in Cumming, GA. Mr. Bartlett’s practice focuses on eminent domain law, real estate transactions, real estate litigation, and HOA law. A graduate of Emory University School of Law, Mr. Bartlett is admitted to practice law in Georgia.

  

I received a letter from the government asking for me to “donate” my property.  What should I do?

 By:         Brent A. Bartlett, Esq.

You have a constitutional right to be paid just and adequate compensation for any property rights taken from you by the government. During these tough economic times, governments have been searching for ways to reduce the amount of compensation they need to pay when acquiring property for a project. One of their methods is to ask a property owner to “donate” the property. They send you all of the paperwork you need in order to sign away the rights to your property. In other words, the government wants you, the taxpayer, to fill out paperwork to give away your property, which may have cost you hundreds of thousands of dollars, for no compensation whatsoever.

If the government is asking you to “donate” your property, or made you a nominal offer that you feel does not fairly compensate you for your interests, you have the right to say NO. You have the right to be paid the just and adequate compensation for your property. If you are unsure of how to handle the government’s request for you to donate your property or how to get them to offer the just and adequate compensation you deserve, be sure to contact the Law Offices of Mark Weinstein. Our experienced eminent domain lawyers can assist you in understanding:

• all of the paperwork sent to you by the government about your property;

• how the acquisition by the government will affect your property;

• how to negotiate with the government to ensure you are paid just and adequate compensation for your valuable property;

• the necessary steps, including litigation, that may be necessary to ensure you are paid the just and adequate compensation you deserve; and,

• questions you may have regarding the government’s acquisition of your property.

If you have received a letter from a condemning authority* looking to take your property, or if you believe you may receive one in the near future, then it is imperative that you act NOW to fully preserve and protect your rights. The Law Offices of Mark Weinstein has handled hundreds of condemnation matters. We are committed to fighting to ensure our clients receive the just and adequate compensation they deserve. Contact our office at 770-888-7707 for a free consultation. Our experience is YOUR advantage.

* The firm can accept all condemnation cases except those against the Georgia Department of Transportation.

Brent Bartlett is a real estate attorney with the LAW OFFICES OF MARK WEINSTEIN, P.C. in Cumming, GA. Mr. Bartlett’s practice focuses on eminent domain law, real estate transactions, real estate litigation, and HOA law. A graduate of Emory University School of Law, Mr. Bartlett is admitted to practice law in Georgia.

      

Can the Government just take my property?

By: Kara L. Webb, Esq.

Eminent domain, also known as condemnation, is the legal process that has been established to allow governments, public utilities and other condemning authorities to seize private property for a public use.  The eminent domain process can only be stopped if the proposed taking is not for a public purpose or if a court determines there has been fraud, bad faith, or clear abuses of discretion by the condemning authority.  While it can be difficult to stop, you have a constitutional right to be paid just and adequate compensation for those property rights taken.  

If the local government is proposing an acquisition of your property, you must act swiftly and become informed of your rights.  You do not have to settle for the initial offer that is given to you, which can often be a low offer, or an offer which does not include compensation for all the rights being affected.   Because of the highly specialized and complex nature of eminent domain law, it is to your advantage to consult with an experienced eminent domain lawyer.  Here are just a few of the ways an experienced eminent domain attorney can assist you:  

·         Understand the effect of the acquisition on your property.

·         Negotiate your case to obtain the just and adequate compensation you deserve.

·         Identify the necessary experts to remediate your property and/or support your case.

·         Negotiate possible construction design changes to lessen the impact on your property.

·         Assist through the closing process if an agreement can be reached.

·         Take your case to trial if a negotiated settlement cannot be obtained.

If you are facing a possible condemnation, then it is imperative that you understand the process fully so that you can protect your rights.  The Law Offices of Mark Weinstein, PC and its attorneys have over 25 years of eminent domain experience representing both governments and private property owners.  We are committed to defending your rights to ensure that you receive the just and adequate compensation you deserve.  Contact our firm today at 770-888-7707 to receive a free initial consultation.  

Kara L. Webb is a real estate attorney with the Law Offices of Mark Weinstein, P.C. in Cumming, Georgia.  Ms. Webb’s practice focuses on eminent domain law, real estate transactions and real estate litigation.  A Martindale-Hubbell AV Preeminent® rated attorney with over 10 years of experience, Ms. Webb is admitted to practice law in Georgia, Tennessee and Michigan.