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Banjak & Associates LLC.
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The Accessible, Accomplished Representation You Require

Experienced Real Estate Legal Guidance

Last updated on September 11, 2024

Pursuing any real estate project can be an exciting prospect. While you may be eager to resolve the bureaucracy of your real estate plans, any kind of legal issue can become a considerable problem to overcome. By trying to settle these issues on your own, you risk leaving yourself and your plans in a vulnerable position.

Instead of trying to take on these challenges by yourself, rely on the experienced guidance of Banjak & Associates, LLC, in St. Louis. We have more than 30 years of experience in these matters, and our guidance can be instrumental in overcoming any real estate legal problems you are dealing with.

How We Help Our Clients

There is no telling what kind of legal matters you may need help with in a real estate project, and our goal is to act on your behalf to protect your best interests while seeking a swift and effective solution to your problems. In the decades we have been representing clients throughout Missouri with these legal matters, we have helped them with problems such as:

  • Retitling ownership
  • Creating, reviewing and editing beneficiary deeds
  • Real estate holdings
  • Creating LLCs
  • Prospective tenant matters
  • Boundary disputes
  • Contractor disputes
  • Slow-moving builders and contractors
  • Unfinished new build projects

It can be easy for our clients to feel helpless in any of these or other real estate issues, but with our help, you will not have to feel that way. We can oversee the entire resolution process, advise you of your options, pursue the course you approve of and keep you informed about how we represent you along the way.

Frequently Asked Questions About Real Estate Law In Missouri

Real estate law encompasses a wide variety of situations and concerns. Here are some of the most common questions our clients have:

You should seek legal guidance as soon as a dispute arises. This includes whenever there are disagreements over the terms of a contract or payment disputes (including those related to subcontractors that the primary contractor has not paid). You also need legal assistance when there is questionable work quality, an unreasonable delay in the project or suspected project abandonment. Early legal intervention may be able to get a project back on track or provide an efficient solution.
Broadly speaking, an owner can fire a contractor for breach of contract (such as failure to agreed-upon milestones or other violations of the terms of the agreement), substandard work, noncompliance with building codes or safety regulations, or the failure to pay their suppliers and subcontractors. The written agreement should specify when and how a contractor may be terminated.
A title review is an essential part of a buyer’s “due diligence” when purchasing any property to protect your investment. Hidden defects in a title, such as undisclosed heirs, errors on the face of the title, fraud related to prior transfers and other issues, can create havoc if they are not identified prior to closing.

A title review helps establish clear ownership rights, including the seller’s right to transfer the property to another. It also establishes whether there are any unpaid taxes, liens or other outstanding claims against the property that could affect ownership rights.

Title review can also make sure that boundary issues are resolved so that you do not end up in disputes with neighbors over your property liens and reveal any restrictions, easements or other covenants that might determine how the property can be used.

In any construction project, some delays are to be expected – and many are outside the builder’s control. However, when a builder is significantly behind schedule without any clear explanation for the delays, you have several options.

First, it can help to have a lawyer review the contract to see what deadlines are specified and what penalties can be imposed for unreasonable delays. Your attorney can then:

  • Send a formal demand letter asking the builder to expedite the work and laying out the consequences for noncompliance
  • Initiate mediation or arbitration proceedings if your contract specifically calls for alternative dispute resolution or that’s a route that you want to explore
  • Help you legally terminate the contract if the delay is without cause and you want to hire another contractor to complete the project

Finally, your attorney can discuss suing the builder for breach of contract and help you recover your financial losses and other damages related to the delay.

Real estate attorneys handle many different kinds of property issues. You should hire one when:

  • There are disagreements over the terms of a real estate contract, whether it is a purchase or a lease – or there are issues enforcing the contract because the other party has had a change of mind.
  • Issues arise during a title review, such as competing claims, unresolved liens or unknown easements, all of which can affect the ownership rights and enjoyment of use of the property.
  • There are conflicts over land use restrictions or zoning regulations, especially if you intend to seek an exemption.

You should also seek an attorney’s experienced guidance when you are establishing a business entity to manage your real estate investments. While this is a common procedure, mistakes in the process can lead to significant financial and legal consequences.

Every situation has variables, but there are some common strategies you should explore with your real estate attorney, such as:

  • Transferring ownership of the property to a legal entity, such as a limited liability company (LLC), to separate your personal assets from business liabilities
  • Obtaining adequate insurance coverage, including umbrella policies, to help cover any potential claims
  • Making use of irrevocable trusts (asset protection trusts) to shield your property from creditors and legal judgments
  • Using detailed contracts, leases and agreements that are clear, well-crafted and protective of your interests

Finally, an attorney can also help you adhere to all the applicable laws, building codes and safety regulations that apply to your property, all of which can reduce the likelihood of legal action.

Our Experience Is Your Advantage

Even if you have been in real estate for years, having more than three decades of experience at your disposal is too good of a prospect to pass up. Contact our St. Louis office at 314-886-5001 or email us here to learn more about how we can help you.