Allentown Real Estate Lawyer

Real Estate Lawyer Allentown, PA

Navigating real estate transactions in Allentown can be complex, whether you’re buying, selling, leasing, or investing in property. At Hoegen & Associates, P.C., our experienced real estate lawyers are dedicated to providing comprehensive legal services that protect your interests and ensure smooth transactions. Our deep understanding of Pennsylvania real estate law allows us to offer tailored solutions for every client.

Why Choose Hoegen & Associates, P.C. for Real Estate Legal Services?

At Hoegen & Associates, P.C., we pride ourselves on our client-centric approach, offering personalized guidance through every step of your real estate transaction. Our expertise spans residential, commercial, and industrial real estate, making us a trusted partner for individuals, businesses, and investors throughout Allentown and beyond.

How We Help

A real estate lawyer in Allentown is ready to answer any questions you have about preparing your property for selling or finding the right new commercial location. We understand that buying or selling a property can be a stressful experience. With our help, you can have confidence that you have the guidance to make the most informed decisions. Real estate transactions involve many different factors, but we can make the experience simpler and easier to understand. Don’t hesitate to call Hoegen & Associates, P.C. for help right away.

Finding the best lawyer to assist you with your case can be a daunting task. It can be hard to know where to start. When you are finding a lawyer to work with, you need to be able to know the indicators of Here are just a few reasons why many people in the Pennsylvania area turn to our team for real estate assistance:

Our Real Estate Legal Services

1. Residential Real Estate Transactions
Whether you are buying or selling a home, our attorneys provide thorough guidance to navigate the complexities of residential real estate transactions. We handle everything from drafting and reviewing contracts to closing negotiations, ensuring that your rights are fully protected.

2. Commercial Real Estate Transactions
We assist businesses and investors with all aspects of commercial real estate transactions, including purchase agreements, lease negotiations, zoning issues, and land use planning. Our team ensures that every transaction is structured to meet your strategic objectives.

3. Lease Agreements and Negotiations
Our firm drafts, reviews, and negotiates residential and commercial lease agreements, ensuring fair terms and compliance with Pennsylvania law. We represent both landlords and tenants, providing balanced solutions that protect your interests.

4. Real Estate Litigation
Disputes can arise in any real estate transaction. Our experienced litigators represent clients in a wide range of real estate disputes, including contract breaches, boundary disputes, landlord-tenant issues, and title claims. We work diligently to resolve conflicts efficiently, whether through negotiation, mediation, or litigation.

5. Title Examination and Title Insurance
Title issues can significantly delay or derail a real estate transaction. Our team conducts thorough title examinations to identify and resolve any potential issues before they become a problem. We also coordinate with title insurance companies to provide you with the necessary protection against future claims.

6. Land Use and Zoning Compliance
Navigating local zoning laws and land use regulations can be challenging. Our attorneys provide guidance on zoning compliance, variance applications, and land use planning to ensure that your property development projects proceed without legal complications.

7. Real Estate Development and Construction Law
From initial planning to project completion, we assist clients with all legal aspects of real estate development and construction projects. Our services include contract drafting and negotiation, securing permits, and ensuring compliance with state and local regulations.

Common Real Estate Challenges and How We Address Them

• “Unexpected Title Issues”:
  We conduct comprehensive title searches and work closely with title insurance companies to prevent any last-minute surprises that could jeopardize your transaction.
• “Complex Lease Negotiations”:
  Our experience in drafting and negotiating lease agreements ensures that our clients get the best possible terms, whether they are landlords or tenants.
• “Disputes During Transactions”:
  Real estate disputes can arise at any time. We are prepared to represent our clients in all types of real estate litigation, striving to achieve the most favorable outcome through skilled negotiation or litigation if necessary.

Understand What You’re Purchasing

Unfortunately, there are many instances in which a purchaser gets taken advantage of because they did not have proper legal representation throughout the process. This means that a buyer may end up getting stuck with termites, asbestos, hazardous conditions, or an illegal structure without realizing it. They may have failed to review the full details of a property they purchased, such as inspection reports. The last thing you want to find out after purchasing a property is that there are additional expenses because of undisclosed issues or hidden damage. To avoid this, it’s best to hire a real estate lawyer before you sign a contract to buy a home. They know what questions to ask to approve a transaction and ensure that a property can be safely purchased.

Real estate companies will not always be clear or honest about a property’s history or current condition, so you cannot rely on them to give you the truth about a property. The best way to protect yourself from this scenario is to obtain a professional opinion from a third party. A Pennsylvania real estate lawyer can hire an unbiased professional to perform an inspection of the home before buying, so you know exactly what you are purchasing before signing on the dotted line. They can inform you of red flags and go through a checklist of everything that needs to be done before you proceed with your purchase.

Allentown Real Estate Laws

Whether you are a buyer or seller, an Allentown, PA real estate lawyer can tell you about the many types of laws that govern real estate. Real estate laws not only ensure transactions are conducted fairly and transparently, but they also provide protections for all parties involved. Let’s delve into some of the nuances of Pennsylvania’s real estate laws.

Pennsylvania Property Disclosure Law

One of the cornerstones of Pennsylvania’s real estate regulations is the Real Estate Seller Disclosure Law. It is a mandate that forces sellers to disclose information about a property’s condition. It serves to protect buyers by ensuring they are fully aware of any potential issues or defects with the property before completing the purchase. While the onus is on the seller to provide this information, the responsibility to understand, negotiate, and sometimes even remediate lies in the hands of the buyer, underlining the importance of having an Allentown real estate lawyer to guide the process.

Title Search And Insurance

An Allentown real estate lawyer can tell you that in Pennsylvania, a title search is required in Pennsylvania before a property transaction is completed. This process ensures that the property being sold has a clear title, free of liens or other encumbrances. Upon ensuring the clarity of the title, buyers usually obtain title insurance. This insurance protects buyers from potential claims against the property in the future. Given the technicalities involved, it’s wise for buyers and sellers in the Allentown area to consult a real estate lawyer familiar with the local land records and related intricacies.

Deed Transfer Tax

Another crucial aspect to consider in Pennsylvania real estate transactions is the Deed Transfer Tax. The state and municipalities might add this tax when the deed to a property goes from the seller to the buyer. While the standard state rate is 1% of the property’s sale price, local municipalities may charge an additional rate. It’s essential for both buyers and sellers to understand how this tax will impact their transaction costs, further emphasizing the role of knowledgeable legal guidance.

Foreclosure Proceedings

Pennsylvania follows judicial foreclosure proceedings, meaning that if a homeowner defaults on their mortgage payments, the lender must go through the courts to repossess the property. This allows homeowners to challenge foreclosures or conduct negotiations with the lender if they wish. Given the high stakes involved, having an Allentown real estate lawyer can be invaluable in navigating these proceedings, protecting homeowners’ rights, and exploring potential alternatives to foreclosure.

First Time Buyers

While each Allentown, PA real estate lawyer at our firm handles a wide variety of real estate transactions and other issues, one of the most rewarding types of cases we handle is helping first-time property buyers with their purchases. Owning your first property can be both exciting and overwhelming at times. And if you have never gone through the process, it can be complex. That’s why it’s important to consult with a real estate lawyer before signing any documents. The following are some tips for first-time buyers or anyone who is in the market to purchase property to avoid.

Do not look for properties before you are ready to purchase: This is especially true if you are not sure about the location of your purchase. While no one likes handing over monthly rent and helping someone else build equity in their property, if you purchase a property before you have concrete plans, you may not be able to resell it or find good tenants when you do decide to let the property go.

Do not ignore your budget: Before you begin looking at properties, it is important to know exactly how much you can afford. You should know how much money you have for a down payment, how much you can afford for your monthly mortgage payment (including property taxes, insurance, etc.), and what price range of buildings or lots you can actually afford. While it may be tempting to go over your budget as you are location hunting, remember that even a small increase in price can end up skewing your monthly budget, especially if something should happen, such as an illness or job loss.

As an Allentown, PA real estate lawyer can explain, ideally, you should have at least 20 percent of the total purchase price as a down payment and be preapproved for your mortgage before you even begin looking at properties.

Do not forget to include all operating costs when calculating your budget: Many first-time buyers are unaware of all the expenses that you can incur when owning a property. In addition to the mortgage, property taxes, and insurance, there is also utility bills that you may not have been aware of, such as water and sewer bills. There are also maintenance costs and repair expenses. All of these should be included in your monthly budget calculation.

Do not forget to get it in writing: It doesn’t matter how nice the seller is or the real estate agents involved in the transaction are, always get everything in writing. If you are told that an appliance or item is included in the sale of the property, make sure that is written down. Common issues that an Allentown, PA real estate lawyer sees disputes over include but are not limited to:

• Covenant Disputes
• Easement Usage Disputes
• Land Use Approval before Zoning or Planning Commissions
• Partition Matters
• Quiet Title Cases

Are You Protected by the Terms of Your Commercial Lease Agreement?

If you are a small business owner who is planning on leasing a space, you need to be certain that you review your potential lease very carefully. Often, commercial tenants are so focused on the terms related to the amount of rent that will be paid that they forget to focus on other important aspects of the lease. However, it is important to be aware of a number of factors, such as whether the landlord or the tenant will be responsible for maintaining common areas and landscaping or taking care of other work that needs to be performed.

Another critical issue that needs to be addressed is liability. Every commercial lease should contain an indemnity clause that outlines the landlord’s and tenant’s responsibilities for any third-party claims that occur. It should also address what types of coverage are required. Having a real estate lawyer in Allentown, PA examine the terms of your lease can avoid any surprises later on.

Types of Insurance Required

The types of insurance that may be required in a commercial lease will likely vary depending on the nature of the business that will be renting the space. The greater the risk is for potential third-party claims or contamination or damage to the space, the higher the limits for the insurance coverage will likely be. The most common required forms of insurance in a commercial lease agreement include, but may not be limited to, the following:

Property:

This will provide coverage for any damage that is done to the property. In some cases, the landlord may cover this type of insurance, especially if the building is a multi-tenant property. It is important for the landlord and tenant to discuss who will have the responsibility to rebuild the property if it is ever destroyed. In most cases, the landlord will have at least some responsibility for the property, and the tenant will have responsibility for at least the damage that they caused to their space.

Liability:

This type of insurance will protect the parties from any claims made by a third party, such as a customer that is injured while on the leased premises. An Allentown, PA real estate lawyer can explain the types of situations where this insurance could be very important.

Business interruption:

Many business owners will choose to carry this type of insurance because it will replace their income that is lost while the property was untenantable and when the business could not operate. Most commercial leases do not require this type of insurance, but many business owners will carry it for their own protection.

Additional insured:

Most commercial leases will require the landlord to be listed as an additional insured on the liability and property insurance policies of the tenant. This means that any loss that the landlord sustains on the rented premises will be treated the same as a loss for the tenant. An Allentown, PA real estate lawyer knows that this type of provision is very important to ensure that the insurance company will pay claims quickly. Without this type of clause, valuable time could be lost while the insurance company attempts to sort out which party suffered the loss and which loss will be covered by the policy. This issue becomes even more of a problem if the landlord and tenant each have their own policy with their own insurance company.

Allentown Real Estate Infographic

Triple Net Leases

Many investors who consider triple net lease properties are often looking for sound investments that will provide a guaranteed income with no management responsibilities. At Hoegen & Associates, P.C., a lot of the investors that we work with are often looking for this type of investment for their 1031 exchange. After years of owning a standard commercial property where they had to deal with multiple tenants, rising operating costs, and repair headaches, a triple net lease is a much-welcomed change of an investment that generates income with none of the usual responsibilities.

There are some stark differences between a standard lease property and a triple net lease property. First of all, investors should be focused on the lease and not on the property itself since it is the lease you are “purchasing.”

When an investor is considering a potential commercial property, they should have a good look at the current net lease on the property. There are three different types of leases:

• Single net lease: Tenant pays base rent and property taxes. Landlord is responsible for all other operating costs. Utilities are negotiable.
• Double net lease: Tenant pays base rent, property taxes, and property insurance. Landlord pays all other operating costs. Utilities are negotiable.
• Triple net lease: Tenant pays base rent, property taxes, property insurance, and maintenance issues. Utilities are negotiable.

Another factor to consider when considering purchasing a triple net lease property is how strong is the tenant’s credit. The tenant should be able to meet the lease terms by as much as the property is worth. The tenant’s capitalization rate could indicate any potential risks for the investor. The higher the cap rate, the lower the risk of the tenant being unable to keep to the terms of the lease.

Investors also need to look at the type of business the tenant has. If the improvements the tenants make to the property are general, then it will be much easier for the property to be attractive to another tenant in the future. If the tenant’s improvements are specific for their industry (such as a drive through for a fast food restaurant), it may be more difficult to find a new tenant in the future.

What About a Buyer’s Agent?

Because of the nuances involved in triple net lease commercial property, even the most experienced investors find that retaining the services of a buyer’s agent to be beneficial. A skilled buyer’s agent has extensive knowledge of the commercial real estate market and works diligently to ensure that the investor’s interests are fully protected. Since a buyer’s agent represents only the investor’s interest, you can be assured that we will negotiate the best deal possible for you.

Real estate law is a vast area of law and is incredibly complex. Handling any legal matters should be done with the help of a lawyer. If you are seeking legal assistance regarding industrial development, finalizing major transactions, business development and other areas of real estate law, schedule a confidential consultation with a seasoned lawyer. They will be able to answer any of your questions and determine your next steps. Learn about your rights and how you can advance your real estate development goals. To learn more, contact us today to meet with one of our seasoned buyer’s agents and find out how a triple net lease can work best for you.

What a Commercial Property Lawyer Can Do for You

Commercial real estate transactions are complex and nuanced. Still, they carry immense opportunities for businesses and investors alike. In order to position yourself for success, you want a reliable real estate lawyer in Allentown, PA on your side. Hoegen & Associates, PC has a wonderful team of attorneys who can provide top notch legal aid to your development, management, or investment firm. Consulting with experienced lawyers before your next venture is a tremendous advantage. Hoegen & Associates, PC is ready and available to assist you with all of your commercial property needs. While not an exhaustive list, these are some of the areas where their services may be needed.

Property Acquisition

A real estate lawyer in Allentown, PA will guide you through each step of purchasing commercial real estate. Hoegen & Associates, PC can help you analyze the local marketplace, advise you on a reasonable offer, and aid you in finding a line of credit. Additionally, we can negotiate contracts on your behalf to achieve the most favorable terms possible. Buying a commercial property is a complex process, but our team is well equipped to help you reach your goals.

Risk Assessment

Whether you’re on the buying or selling side, Hoegen & Associates, PC is there to advise you of the pros and cons of a potential deal. Assessing the potential risks and details of a commercial property deal is an essential part of the process. With considerable sums of money on the line, it is imperative that you protect your investment. With guidance from a real estate attorney, you will be equipped with the knowledge and insight to make informed decisions about your transactions.

Commercial Leases

Once a property has been secured, a commercial lease agreement is the most important document in your arsenal. In order to protect your business, assets, and income, your lease agreement needs to be rock solid. Contracts of this sort are distinct from residential real estate lease agreements. Thus, an experienced lawyer is necessary to ensure that your contract is in good legal standing. Allowing Hoegen & Associates, PC to draft your commercial lease agreement will ensure that your document is up to industry standards. We’ll also be able to tailor it to your specific needs. Not only will this save you time and money, it will also give you peace of mind. Our team will help you to avoid costly problems in the future.

When Do You Need a Real Estate Lawyer?

For the most part, the need for a real estate lawyer is going to depend on your locality, state laws, and the exact nature of the transaction. In some states, it is required to have a lawyer. If your state doesn’t require it and you may still want a real estate lawyer who can help in a few different points during the buying process and can provide help. Their assistance can include anything from drafting to finalizing purchase contracts, writing amendments to a standard contract, completing the title search, and conducting the closing.

Here are a few other reasons you might need a lawyer to be part of the buying process:

State or Lender Requirement

Every state has slightly different laws regarding real estate transactions. Often these regulations are meant to prevent real estate agents from acting in an illegal capacity that they trained or licensed for. An example of this is there are many areas only a licensed lawyer can put together legal documents related to the sale of the property.

Allenstown Real Estate Law Statistics

According to data from the National Association of Realtors, last year, approximately 35 percent of all people who purchased residential properties were first-time homebuyers. This was an increase of more than 30 percent from the year before. The average age of a first-time home buyer is 33 years old.

Unfortunately, not all of those transactions are processed smoothly, and many cases end up in the legal system. In fact, each year, more than 10 percent of real estate transaction cases involve breach of contract in the U.S. This is why it is crucial to have a skilled real estate lawyer advocating for you and protecting your interests.

Frequently Asked Allentown Real Estate Questions

Many people do not think of the property buying process to be a time when you would need to hire an attorney. In fact, you have a real estate agent for this, don’t you? It’s true that your real estate agent should be there to help you navigate buying or selling a property. However, they are not trained in the legal side of real estate and are not able to give you legal advice. Buying or selling real estate is a legal transaction that includes legal documents, so why not get the help of someone in the field? It is only sensible to hire a lawyer who specializes in this particular area of law and has the authority to provide you with legal advice, especially with a major transaction like a home.

Do you just help someone buying a piece of property?

Real estate lawyers do not only help clients who are purchasing a piece of property. They can provide assistance no matter what kind of transaction you are making, and whether or not you own a home. They can give you legal guidance on a variety of different topics pertaining to real estate. Instead, they can also help:

• Tenants
• Landlords
• Those who buy and sell land

What kinds of problems will a real estate attorney help me with?

A real estate attorney can assist clients experiencing a range of scenarios. Regardless of how complex an issue may be, a real estate lawyer can provide you with helpful legal advice. They will do a thorough evaluation of your case and suggest steps for your action plan. They can also inform you of key mistakes to avoid. A real estate attorney can assist you with many different issues. Our Pennsylvania real estate lawyer can help you when you are in the middle of different problems, including:

• Helping to negotiate a fair agreement
• Review any sales contracts for buyer or seller
• Go over problems with zoning or permits
• Help you if you are being illegally evicted

If there is a serious legal problem, will I need to go to court?

When a real estate issue comes up and you work with an attorney, it is good to be prepared if you need to go to court. It may not be necessary for you to go to court, but you should prepare as if you are. That way, you do not have to make a plan at the last minute. When you are dealing with a case, you want to anticipate a range of scenarios and be ready to have a solution that addresses them. When you work with us, you know you are getting someone who will work hard to settle a problem outside of court if possible but who will be aggressive when it comes to going to court. We will make sure we are protecting your best interests.

Your Trusted Partners in Allentown Real Estate Matters

In Allentown and the broader Lehigh Valley, real estate matters can be complex and multifaceted, requiring the skilled guidance of an experienced attorney. At our firm, we specialize in providing personal service to real estate owners, brokers, and buyers, handling a wide range of situations with a focus on detail and client satisfaction.

Whether it’s navigating the intricacies of real estate acquisition or tackling subdivision issues, our team possesses the legal ability to ensure a smooth process. Our expertise extends to understanding the implications of tax liability associated with property transactions, ensuring that our clients are well-informed and protected financially.

As real estate brokers and owners in Allentown know, the market and legal landscape are constantly evolving. Our firm stays ahead of these changes, offering up-to-date advice and strategies tailored to each unique scenario. We pride ourselves on our commitment to personal service, ensuring that each client feels heard, valued, and expertly represented.

Our firm is dedicated to handling real estate matters with professionalism and legal acumen. Whether you are a seasoned real estate owner or new to the world of property acquisition, our team is here to guide you through every step of the process, ensuring a successful and legally sound outcome.

Hoegen & Associates, P.C., Allenstown Real Estate Lawyer

152 S Franklin St #2, Wilkes-Barre, PA 18701

Call Hoegen & Associates, P.C. Today

At Hoegen & Associates, P.C., our goal is to simplify the real estate process for our clients while providing exceptional legal representation. We understand the local market and have the experience to handle even the most complex real estate transactions. Our approach is proactive and detail-oriented, ensuring that every potential issue is addressed before it becomes a problem.

Serving Allentown and Beyond

With a reputation for excellence, Hoegen & Associates, P.C. is proud to serve the Allentown community and surrounding areas. Whether you’re a first-time homebuyer, a seasoned investor, or a business owner, we are here to provide the legal support you need for all your real estate matters.

Real estate transactions can be daunting, but you don’t have to navigate them alone. Contact Hoegen & Associates, P.C. today to schedule a consultation with one of our experienced real estate lawyers and learn how we can assist you in achieving your real estate goals with confidence.

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