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Legal Issues

Helping You Navigate Complex Legal Issues

Minnetonka Estate Planning Law Blog

Gregory A. Lang

What is Minnesota's Three-Day Cooling-Off Law?

Not all contracts have a "cooling-off" period that allows consumers to cancel the contract within a few days after they sign it. However, Minnesota does have a Three-Day Cooling-Off Law (more formally known as the Home Solicitation Sales Act) for home solicitation sales.

The law applies to the rental, lease or sale of goods or services for household or personal use,and also property improvements. To qualify, the transaction must be worth over $25 and must occur somewhere other than the merchant's regular business location. It generally applies to transactions done in convention centers, hotels or the customer's home. The law doesn't apply to real estate or vehicle sales.

3 common problems with trust administration

Establishing a trust is a great way to avoid probate and ensure the division of your property as you see fit. For families managing a trust, there are a few potential problems you might encounter during its administration. This part of the process takes place after the decedent’s passing and is typically an easier alternative to probate. Sometimes, however, you may find yourself in a courtroom after all.

The following are just a few of the most common issues you might encounter when dealing with trust administration. If it seems that a court battle is imminent, it may be beneficial to research legal representatives who can help you navigate the complexities of trust administration litigation.

TH Real Estate purchases the Bridge and Knoll apartment buildings

One of the county's largest apartment management companies closed escrow on a set of two apartment buildings near the University of Minnesota's campus on July 17, 2017.

After some renovations are made, the 310 units that make up the Bridges and Knoll towers, located at 930 University Avenue Southeast, will become private student housing. 

How can a real estate attorney help in your transaction?

As you're likely aware, real estate transactions do not require the work of an attorney. You can use your real estate agent to buy a new home and never have to speak with a lawyer. However, there are some very clear advantages to working with an attorney when you're finalizing a real estate deal.

Although a real estate attorney isn't required, if something pops up during the finalization of your real estate transaction -- like a disagreement between you and the seller of the property -- having an attorney on your side, who's already completely familiar with the transaction can be an invaluable asset. Most experienced real estate agents can negotiate a purchase agreement; however, they do not have sufficient training to make a decision about a legal question.

Three ways to partition your property

There are countless reasons you might be facing a property partition. According to Huffington Post, disputed property division in a divorce is common. Alternately, you might have invested with a business partner who no longer wants to be involved but wants to retain partial equity. Partitioning the property is a possible solution for these and many other situations, but the process is not as easy as just dividing it between each party.

There are several different ways, in fact, to partition such property, and it is important to understand each of these. The following three are some of the most common methods employed, though you should carefully consider what course of action is legally and financially the most beneficial. 

Can buyer's agent agreements be broken?

First looks can be deceiving, even when it comes to choosing a real estate agent. That buyer's agent you hire to help you find your dream home may initially be easy to get on the phone. He or she may even show up in a timely fashion for your first appointment. However, soon after you sign that buyer's agent agreement, that agent may do an about-face.

From the realtor's perspective, their representation of you is locked in with the signing of that contract. But is that really the case? According to real estate experts, the contract is indeed a legal document. Even if it is, though, it shouldn't mean that you'll either have to suck it up and deal with someone that's not providing you with the level of service you anticipated.

What's a real estate easement?

A real estate easement is the right of another party to trespass on -- or even use -- a piece of land that someone else owns. Often, easements are owned by utility companies or municipalities so that they can build a road, lay pipe or bury electrical cables on a homeowner's property. It's important to be aware of any easements that apply to a given piece of land or property before purchasing it.

Most homes have easements attached to them. However, you should look up any easements that apply to a property in public records before making a purchase because an easement could affect your plans. If you hope to build a swimming pool, for example, an easement could prevent you from being able to do so.

What's a contract for deed and will it help me?

A contract for deed might help you if you're unable to qualify for a traditional bank loan to buy your commercial real estate property. It can also help you if you're looking to receive financing quicker.

At the Lang Law Office, we help our clients with the legal aspects of their financing deals. We ensure that they are fairly treated in their mortgages to purchase commercial real estate, and we also advise on contracts for deeds in cases where such an agreement could be beneficial for our client.

What are the most common causes of construction disputes?

If you are an investor, a property owner, a contractor or anyone else with a vested interest in the construction of homes or commercial properties, you will likely encounter a construction dispute at some point in time. Because there are so many “cooks in the kitchen,” when it comes to construction endeavors, and so many areas where problems can arise, construction disputes are highly common.

They can also prove quite problematic and expensive, and some construction disputes are far more common than others. Common causes of today’s construction disputes include:

Spruce up your landscaping to sell your home faster

Most Minnesota home sellers want to sell their homes as quickly as possible for a fair price. One way to speed up the selling of your home is to spruce up your landscaping.

The plants and trees around your house make for a beautiful frame. When you have nice landscaping, your home looks more luxurious and more people will usually want to look at it and buy it. In fact, experts estimate that homes with well-maintained and beautiful landscaping have a 10 percent higher value when sold.

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