A real estate lawyer or real estate lawyer at our law firm AGTL Kharkiv will help solve all the issues underlying the legal field: from legal advice to representing your interests in court.
Often in life there are situations when you just need the help of a professional lawyer – a person who thoroughly knows the law and understands the specifics of how the court proceedings work. Someone needs help in drawing up a lawsuit in court, and someone needs the services of a professional lawyer who will represent his interests in court. If you need such services, please contact us: we will be happy to help. You can see the list of services provided by our lawyers below.
We are proud of our specialists in Kharkiv and the baggage of professional experience they have. The great practice of our lawyers is the key to successfully solving your issues. The range of issues that lawyers solve is huge, from consultation to executive proceedings.
We are ready to assist with the turnkey: from preparing a lawsuit to the permission of the trial. In addition, our real estate lawyer will deal with other issues not related to court practice: privatization of non-residential premises, conclusion of leases for non-residential premises, legal advice. Having a staff of professionals allows you to solve universal problems.
What are the risks in making real estate transactions? Do I need a real estate lawyer?
Real estate transactions are agreements between individuals (buying, selling, renting, gifting) for the purpose of transferring a property on certain grounds. What are the risks of making deals?
- First, it‘s a scam. Any real estate lawyer in Kharkiv, Kyiv, Odessa faces this phenomenon constantly, as it leads to legal disputes, which in consequence the lawyer decides. Real estate fraud is striking with an abundance of complex schemes. Each such case is unique, but it is safe to say one general rule – fraud protects the clear observance of all stages of the procedure in the person of an experienced lawyer.
- The second risk that arises when making a real estate transaction is a mistake that everyone can make. Such errors can be both factual (non-compliance with the law) and grammatical (incorrectly written last name, etc.). Such errors, of course, lead to serious problems in the future, up to the trials. That is why it is necessary to give the whole package of documents for verification to the lawyer to avoid such missteps.
Real estate is a type of property recognized by law as immovable. Real estate by origin includes land, subsoil plots and everything that is strongly connected with the land, that is, the movement of which without disproportionate damage to their purpose is impossible, including buildings, structures, objects of unfinished construction.
In addition to real estate by origin, in Ukraine there is “real estate by law.” This includes state-registered air and sea vessels, inland vessels, space objects.
Real estate may be the subject of leasing. Mortgage of real estate, as well as obtaining a loan on a mortgage of real estate is called a mortgage.
The main stages of a real estate transaction
Let’s look at the steps of a real estate transaction:
- The first stage is the selection of housing. As a rule, the longest in time, because to find a place suitable for you – quite difficult.
- The second stage is the conclusion of a preliminary agreement with the seller/buyer and making a deposit for the housing.
- The third stage is the preparation of the necessary documents for the sale and purchase of the apartment.
- The fourth stage is the conclusion of a sales contract at the negotiations.
- The fifth stage is the registration of the rights of the owner in the state bodies.
Thus, the real estate transaction consists of five stages, after the end of which you get the documents for your new property.
Real estate lawyer. What is his help?
As a rule, help begins with legal advice. You can limit yourself to just a few questions to the lawyer and leave with a calm heart, but you may also need such a lawyer, so:
- A one-off.For example, accompanying negotiations with the seller or buyer of the apartment.
- Legal support of the transaction is a comprehensive legal support for all stages of the sale.
- Making a claim/objection to a statement. The lawyer will help to draw up a competent statement of claim.
- Business correspondence.
- Representing interests in court, both in your presence and without it.
A one-off. Real estate lawyer
Let’s look at the basic services of a real estate lawyer. Often, a one-time presence of a lawyer is necessary in order to find common ground between the two parties, and then perhaps the case will be resolved without going to court. A one-off departure usually consists of extensive consultation of the client on all issues of interest to him, harmonization of the positions of the parties, the registration of a protocol of disagreements or some variants of world agreements. You can call a real estate lawyer in Kharkiv, Kyiv, Odessa once for one court hearing.
Legal support for real estate transactions
This means that each stage of the transaction takes place only with the participation of a lawyer. Consider as an example a real estate sale transaction. Buying a property starts with the choice, based on the buyer’s request. For each selected object, the lawyer checks the legal documents. If the property is chosen, the price is agreed, then you can draw up a contract of sale. The order of payment of money is determined, the contract is signed, and the documents are submitted for registration. At each of these stages of legal support of real estate transactions there is a lawyer (i.e. accompanies the transaction).
If the case has not reached the court, you should try to solve it peacefully. A citizen who believes that his rights have been violated should send a written claim to the second party and sometimes enter into full (possibly lengthy) correspondence. If such papers are written correctly, based on legislation and other legal documents, it will increase your chances of a peaceful outcome of the case.
Making a claim/objection to the application
Many civil-legal disputes in Kharkiv, Kyiv, Odessa are resolved only in court. Thus, there is a need to file a claim (if you file a claim) or to object to a claim (if you are a defendant). Of course, the trial will not end at the preparation of the application, this is only the beginning. Are you sure that you want to go through all the difficulties of court hearings on your own: examinations, interrogations, motions? If not, the best solution will be a real estate lawyer in Kharkiv, Kyiv, Odessa, or rather, the full management of your case.
Representing your interests in court
The case begins with the preparation of the claim, its filing, and then – representation of interests in court, if you want, and without your participation. Cases in very rare cases end in one court hearing. Most likely, there will be 3-4. There may be many reasons for this: the absence of participants, the invitation of witnesses, the appearance of new circumstances, etc. so you should be prepared that the trial will take quite a long time.
Thus, we have considered the main list of issues that a real estate lawyer in Kharkiv, Kyiv, Odessa is considering.
What to choose – one-off services or complex support?
The next question of concern to many citizens is what to choose: one-off legal services or comprehensive legal support. It all depends on the complexity of the deal and your self-confidence. For example, if you are confident in the seller of the apartment and this transaction is not the first in your life, you can only ask for advice and paperwork. If, on the contrary, this transaction is the first in your life, you do not know – how to behave and how to act, we advise you to order a comprehensive legal support.
Real estate lawyer services in Kharkiv, Kyiv, Odessa
In order to clearly imagine what you can expect and what to achieve, what steps to take, you will no doubt need the advice of a real estate lawyer. Sometimes this is enough for a successful and positive resolution of the dispute. We provide clients with many different services, to varying degrees related to real estate
- Consultations, both oral and written, including online.
- Legal audit of the documents on the basis of which the operation will be carried out.
- Participation in negotiations with the parties to the deal.
- Help with the state registration of real estate.
- Help in transferring the premises from residential to non-residential fund and vice versa.
- Preparation of procedural documents for the purpose of going to court.
- Protecting the interests of the trustee during court hearings.
- Appeal of court decisions to the appellate, cassation and supervisory bodies.
How can a real estate lawyer help? When?
- It is necessary to leave with your spouse and share your existing property.
- If disputes with neighbors are already unbearable to endure and it is necessary to make a legal decision.
- In case you have already made a redevelopment, and to legitimize it yourself for some reason is not possible.
- It is necessary to transfer real estate from one category to another (to residential from non-residential, for example).
- In the event of a dispute with the management company, it is necessary to complain about its actions or, on the contrary, inaction.
- There were questions about mortgage lending.
- Legal support of a real estate transaction, when you need to issue a sale or other transaction, register the rights in the appropriate authority.
- You need a qualified representative of your interests in the authorities, as well as in the court.
- You need advice on the sale, lease, gift of a piece of land.
- We have to make a deal with the land.
- In the case when you need to rent out existing housing or, on the contrary, to remove, and possible risks are difficult to assess yourself.
- There were issues related to privatization.
- There was a dispute around the inheritance.
- It is necessary to challenge the inheritance in court or to recognize the heir unworthy.
Property. Earth. Construction
Issues on the ownership and disposal of land, as well as the real estate located on it cause a lot of controversy among rights holders. Often, the registration of property rights by owners is quite painful, with a lot of time. Obtaining the necessary documents is under pressure or interference of third parties. In addition, participants have to deal with public authorities, which makes it much more difficult to find a reasonable compromise. And a real estate lawyer will provide advice.
If there are disputes around real estate, or if you need regular advice, it is worth contacting a real estate lawyer, and not, for example, a realtor. Citizens often confuse these professionals. The realtor is interested in finding the object and making a transaction, and, in pursuit of the fee, often, seeks to do it as quickly as possible to the detriment of the interests of the client. There is no real estate lawyer. His task is to protect the client’s interests, not to complete the case on any terms as soon as possible. The real estate lawyer deals with real estate issues at any stage, from contracting to litigation.
Possible consequences of refusing to serve as a lawyer
Property disputes are rarely without trial, which means that assistance in such a situation will be necessary and desirable.A real estate lawyer specializes in this.
Whether you need a comprehensive service or a one-time consultation, even just a recommendation and advice, contacting us, you will quickly and at an affordable price get quality and professional help. You will be provided with the full range and scope of services to protect your rights and interests in real estate.
In any case, it is not necessary to save money, trying to make a deal with real estate without the involvement of a lawyer. Believe that the benefit of the help of such a specialist as a real estate lawyer, will significantly exceed your requests. Stingy pays twice: without checking the purity of the transaction or the legal status of the owner, you can incur much more significant financial losses, and minimize the damage from ill-conceived decisions will be difficult even for a qualified lawyer.
That is why it is best to contact a real estate lawyer at a time when you are just planning a real estate transaction, which will allow you to avoid adverse consequences.
Examples of court practice in real estate
Our lawyers have the necessary experience gained as a result of several years of resolution of various controversial and conflict situations related to real estate. It is safe to say that if citizens had sought help from a law firm before taking any action against real estate, there might not have been any disputes at all.
As a striking example, the following case is that a citizen purchased an apartment, carefully (from his point of view) checking all the documents provided by the owner of the house. At first glance, everything was perfect, and the contract of sale was signed, but the lawyer was not involved to analyze the transaction, and the history of the purchased real estate citizen did not consider it necessary to check. In this regard, after a while, a claim was filed against him for the illegal possession of someone else’s property, resold by a fake proxy. As it turned out, the previous owner owned the apartment only three months, and before that the apartment was purchased from a third party – the plaintiff – by the general proxy, the legality of which he decided to challenge. Alas, due to his own negligence, the current owner is preparing for the fourth trial. Agree that all this could have been prevented by a real estate lawyer, if the client used his services before signing the contract for the purchase of property.
NB Real Estate Lawyer
However, regardless of the stage at which you decide to resort to the help of a real estate lawyer, thanks to the thoughtful actions of our specialists, a legal position can be developed, allowing to adequately protect your rights or minimize losses. For example, in one of the disputes about the invalidation of a real estate transaction, we sided with the defendant. The mother purchased the apartment in the name of the children, thus providing them with housing and formalizing the rights of the owner in due course. However, the plaintiff demanded to recognize the contract of sale as insignificant, because the apartment was in the shareholding of the incapacitated person and his guardian, who received the right to sell in exchange for the promise to buy housing for the incapacitated citizen, but did not fulfill the obligations.
A well-thought-out argument and a firm legal position have made it possible to convince the court of the rule of law and prevent its termination.
Do not repeat the negative experience of those who neglected advance legal aid, learn from other people’s mistakes, and we will help you in any legal issues with real estate.
Call! +38 (050) 676-34-45, +38 (098) 028-08-51.