Real Estate Lawyer Belgrade, MT
So, you have found the perfect property to place on the STR (short-term rental) marketplace. Now you’re seeking an experienced real estate lawyer Belgrade, Montana, residents trust for sound advice. Whether you have a vacation home to rent out when you’re not using it or have a duplex and want to rent out one of the units for rental income purposes, there are legal pitfalls you should be aware of. If you intend to list your property on VRBO or Airbnb or some other short-term rental service, you must consider several potential obstacles under Montana law. A knowledgeable and experienced real estate attorney can help guide you through the pitfalls and hurdles surrounding the short-term rental marketplace.
First, your property may be subject to homeowner or condominium restrictions, which prevent you from renting your property short-term. These restrictions will be listed in the “covenants” or “declaration” of your homeowner or condominium association documents. If your neighbors (or a nosy association president) become aware that you are renting your property in violation of the covenants, you could be subject to a fine (or worse, an injunction preventing you from doing so in the future). If you have owned your Belgrade Montana real estate for some time, one thing to keep in mind is Senate Bill 200, signed by the Governor into law in Montana in 2019. This law effectively makes any property covenants passed after your property’s purchase inapplicable as to your specific property. The knowledgeable attorneys at Silverman Law Office can help you record a proper document in your county’s property records, which establishes that the new restrictions do not apply to your specific property.
Another potential pitfall is the zoning requirements of the city/county in which your property is located. An experienced real estate lawyer in Belgrade, Montana, will be familiar with all local regulations and can help guide you through the process. Some counties, such as Jefferson County, require that you go through a conditional permitting process, which can be onerous, to say the least. Other cities/counties are even more restrictive. Bozeman addressed the issue in 2017 and now requires that each short-term rental (“STR”) maintain a current registration with the City of Bozeman. There is an annual $250 registration fee and a one-time fire inspection fee. Depending on the exact location, there may also be a $1,508 fee for an administrative conditional use permit. There are additional regulations that concern maximum capacity and similar issues.
Montana law has not yet modernized its short-term rental laws like some of its neighboring states. However, if you are thinking about placing your property for rent on the short-term rental marketplace, a real estate lawyer Belgrade, MT residents recommend, can assist you through all the steps. The real estate lawyers at Silverman Law Office can help make sure your short-term rental property complies with every level from the homeowner’s association to the city and county. Once you have the peace of mind that your rental property is in compliance, you can sit back and enjoy your rental income revenue stream! Contact us today!
Things a Real Estate Lawyer Can Do For You
An attorney can help when you are buying real estate. They can help you if you have a question about a potential purchase or advocate for you. A real estate lawyer in Belgrade, MT, from the Silverman Law Office can ensure your property purchase is legitimate. A lawyer can help you get the best deal possible and give you valuable insight. These types of attorneys can help with buying or selling homes, commercial buildings, retail spaces, and land. There are several things a real estate attorney can help you with, even if you are making a small purchase. Here are some situations where an attorney is valuable.
They Can Help With Selling Property
If you are trying to sell a home or property, hiring a lawyer can be beneficial. If you are selling a property while out of town, you might need someone in the actual location. Lawyers can look at contracts and other paperwork to ensure everything is in order and nothing is amiss. They can let you know if the transaction has gone smoothly. Hiring someone to advocate on your behalf can help you with real estate transactions.
They Can Help You Complete a Transaction Legally
Depending on your state, a real estate lawyer in Belgrade, MT, may need to be present. Some states require you to have a real estate attorney when completing a deal, such as closing on a house. You can ask your real estate agent or broker if you need to hire an attorney. While a lawyer is not always necessary, it can be beneficial to have an attorney look over documents and ensure the contracts are desirable. To ensure you are buying legally and following rules, hiring an attorney is valuable and necessary.
They Can Help With Buying Property
If you are buying a home or piece of property from out of state, you must have someone that can help the transaction go smoothly. A real estate lawyer in Belgrade, MT, can negotiate agreements, look at any contracts you have, and attend closings on your behalf. Hiring a lawyer is an excellent idea if the transaction is tricky or complicated.
They can answer any questions you have about buying from out of town and tell you about any issues concerning the property. If you are not familiar with the buying process or short on time, an attorney can help. Hiring a lawyer from the Silverman Law Office can ensure you don’t run into any issues.
Frequently Asked Real Estate Law Questions
Whether you are in the market to buy or sell a commercial or residential property, you may require the guidance and assistance provided by a real estate lawyer Belgrade, MT residents rely on. We know that there can be a lot riding on business dealings that involve real estate transactions, which is why a real estate lawyer will play an essential role. At Silverman Law Office, PLC, we know that you will be facing several questions when managing real estate transactions. We want to not only answer those questions but help you put your best foot forward.
Why would I need to call upon a real estate lawyer for help?
When buying or selling real estate, chances are it’s in your best interest to work with a lawyer when making such a significant transaction. Whether you are a buyer or seller of either commercial or residential real estate, there can be a lot riding on this business dealing. While you might not always require a lawyer, it’s certainly recommended to ensure a smooth process. While you may have a realtor guiding you through the real estate process in some cases, they cannot provide you with all of the legal counsel that you need. A lawyer can help ensure that the real estate transaction you are dealing with runs as smoothly as possible. Whether you are the buyer or seller, a lawyer can review contracts, ensure your rights are protected, and not enter into a transaction that is not in your best interest.
What are the common real estate issues that could arise?
While some situations may be standard, others may require a Belgrade, MT real estate lawyer who can assist you in the complications that might arise. We can share first hand that no real estate transaction is one and the same. Common issues that you may be facing include:
- Disagreement of price
- Mortgage contingencies
- Negotiations surrounding contract terms
- Managing issues surrounding titles and liens
- Contract disputes
- Problems with real estate agents
Is it expensive to work with a real estate lawyer?
Attorney fees can range depending upon the need. Some might charge a flat fee while others may bill by the hour. Despite the cost associated with a lawyer, it’s essential to be aware that depending upon your legal issues, the benefits can save you money in the long run. As a real estate lawyer might resolve problems and mitigate exorbitant costs that might result from complications, the upfront cost may work to your benefit.
How should I go about finding a real estate lawyer?
You won’t want to choose just any lawyer to represent you. It’s vital that you carefully research the options in your area to ensure that you do not end up with a lawyer who is ill-equipped to provide you with guidance regarding real estate law. Do this by:
- Asking people you know for recommendations
- Conducting online research
- Making sure they have experience in the area of law you require support in
- Be proactive, waiting too long can be damaging
Common Questions for Real Estate Attorneys
What Qualifications and Experience Do You Have?
Your first question to any real estate lawyer in Belgrade, MT should be about qualifications and experience. If you want to complete a real estate transaction, you want someone who has specialized education and experience in this area. For example, at the Silverman Law Office, a seasoned lawyer is equipped to handle contracts, local zoning issues, property and rental laws and transaction analysis. The goal is to protect you from bad deals and legal issues. You should also ask what percentage of the law office’s cases are real estate related.
Do You Specialize in a Specific Type of Real Estate Transaction?
If you are purchasing land to build a home or business, a home or commercial property, your attorney should be familiar with the process. This is especially vital during real estate investment transactions. Although you probably want to get into your home as quickly as possible, with an investment property, you could lose money every day the transaction is delayed. Therefore, be sure to ask your real estate lawyer in Belgrade, MT about sub-specialties.
Do You Have the Time and Resources To Help?
As you search for a reputable, experienced real estate lawyer in Belgrade, MT, you need to be sure that the office has enough resources to take on your case. Therefore, discuss how many cases and clients they are currently serving. Find out how many people will be working on your case. Also, attorney’s offices often have contracts or connections with outside resources, such as private investigation services, contractors, bankers and others. You need to know that your attorney has the time and help necessary to handle your real estate business.
What Kind of Communication Should I Expect?
No one likes to work with an attorney who never calls. However, these professionals are often working on several different cases, and the law often works slowly. Unfortunately, when you are dealing with a real estate lawyer in Belgrade, MT, your transaction may be lost if the work is slow. Therefore, you should ask every attorney you interview, including the Silverman Law Office, what kind of communication they prefer and how often you should expect to hear from them.
For example, if you are only doing a quick contract review, you may hear back within the next two or three business days, but if you are working on a more complicated legal issue, such as zoning, the process could take months, and your lawyer may only contact you once per month to update you on the progress. You need to know ahead of time to avoid frustration.
You should also choose a lawyer and firm that meet your communication needs.
Silverman Law Office, PLC
We want to help you make your real estate dealings as straightforward and stress-free as possible. Whether you are purchasing or selling real estate or experiencing complications, Silverman Law Office, PLC, wants to assist you. To learn more about the services we provide, contact our Belgrade, Montana real estate lawyer as soon as possible.
