Building a new home can be an exciting experience. It often marks the start of a new chapter for an individual or a family. While building a new construction is exciting, it can be more complex than a real estate purchase of an already existing structure. As a result, buyers must be diligent during the process since many legal issues can arise, many of which may seem foreign to a person without real estate experience. Retaining an attorney to offer guidance and support throughout the process can help a buyer feel at ease and reduce the angst of their new endeavor. The attorneys on the real estate team at Friedman Schuman have over three decades of experience providing clients with the legal representation they need every step of the way.
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Building a new home has a number of legal aspects that should be taken into consideration. Some factors that may require legal assistance from an experienced real estate attorney include:
- Land use & zoning: When purchasing new land, it is important to make sure the property has been zoned for residential use by the municipality. Some municipalities require meetings with the town’s zoning board to obtain all of the proper permits and other necessities before construction can start.
- Municipal code: When building a new home, it is important that all aspects of construction are up to the municipality’s code. This will be determined in a series of inspections conducted throughout the building process. If something fails inspection, it may be deemed a violation of local code and must be fixed. If the violation is a “substantial violation,” the property may be deemed unfit for human habitation. Typically, violations must be repaired within 12 months.
- Easements: If one large property is split in two, and the properties somehow overlap, the property owner may request an easement that can allow them to cross onto the neighboring property to get to and from their home.
- Consumer protection against contractors: Contractors are heavily relied upon during the construction process. Most are required to meet deadlines and all provisions of the contract, as well as those that may be set by the town or city. If the contractor fails to abide by the agreed-upon contract, they may be committing consumer fraud. If a contractor does not complete work before the end date set by a town, for example, the contractor may have to cease work and apply for new permits.
Contact an experienced Montgomery County new residential construction attorney
When so much time, energy, and money is spent on building a new home, it is crucial to ensure all of the legal provisions are handled properly. Retaining the services of an experienced real estate attorney can assist in the complex process of building a new home. If you need strong legal representation, contact the experienced real estate attorneys at Friedman Schuman to schedule a consultation today.