Real Estate Law

Protecting your investment

Real Estate

Protecting your financial investment by ensuring your real property transactions are sound is a cornerstone of our practice at Carpenter & Guy.  From closings and use to construction disputes, attorney Agatha Guy can help you with of your real estate related legal needs.

Real Estate Law

Hiring a real estate attorney to guide you through the sale and purchase of real property is not just an intelligent choice, it is generally a requirement. For most of us, the largest and most important transaction of our lives is the purchase and financing of our home or business property. The guidance of an attorney experienced in real estate transactions is the key to ensuring these investments are sound and protected.

Our attorneys understand the excitement, frustration, and stress encountered in the process of making these kind of purchases. Because of this, it is important to have someone other than a Realtor review your legal documents for risk exposure. We will help you ensure your documents speak to all the matters that may affect your investment.

These might include:
● Loan closings and refinances
● Preparation and review of contracts and other closing documents, including:
– Contracts for purchase and Sale
– Promissory Notes
– Mortgage agreements
– Seller subordination agreements
– Right of way and easements
– Agreements for road maintenance
● Preparation of residential and commercial lease agreements
● Life estates or tenancy agreements
● Reversion of property
● water rights and road easements
● sales and purchases within developments
● short sale and bank owned purchases
● commercial property purchases
● selling property with non-cooperative partners (as in cases of divorce or inheritance)
● purchasing or selling property in structural distress
● selling property as an Estate Executor
● purchase of property in flood zones or which exists under other adverse conditions

It is also wise to seek the guidance of a qualified real estate lawyer if:
● you are transferring property to a family member
● you are involved in a 1031 tax-free exchange
● if you have judgments or liens against you or the property in question
● if you are a resident of another state purchasing local property
● anytime you are concerned that something is or may go wrong

A real estate attorney generally takes over after the selling price and terms have been established by the Realtor in the contract and all parties have signed the contract. We review the contract, negotiate repairs based on the home inspection report and collaborate with the title company. We are here to ensure that your dream home of today does not become tomorrow’s legal nightmare.

Through open and informed communication we will:
● Provide you with copies of every document you sign at closing
● Ensure you understand each aspect of the process, and the documents involved
● After the closing we will answer any additional questions that you may have regarding your newly purchased property

We believe it is our responsibility to ensure that the goals of our clients are accomplished protecting them from expensive and protracted litigation. We achieve this goal through the use and enforcement of legally binding contracts, and competent and practical negotiation invested toward litigation avoidance. However, in those cases where contracts are breached, agreements are violated, or the validity of ownership is called into question by historical documents, we are experienced, and professional trial lawyers, adept and accomplished in safeguarding our clients’ property and their rights. We are experienced and tested real estate lawyers.

Property Disputes

Real property law refers to all land, structures, firmly attached and involved equipment, plants or produce growing on the land, minerals or ‘goods’ under the land, the right to future ownership, right to occupy for a period of time (life estate or tenancy), reversion of property (if it is a public building that is no longer used for its current purpose), use of airspace, or an easement access across another’s property. Real property intersects with multiple areas of law such as contract law, probate, family law, and criminal law.

We represent individuals in matters relating to land use and real property disputes. Through thorough and honest communication we will present an accurate picture of the dispute at hand so informed decisions can be made and favorable results gained. In most cases, we try to avoid litigation; however, some matters can not solved through negotiation and court intervention can become necessary. When litigation becomes unavoidable we are aggressive, experienced trial lawyers.

Our real property dispute services include:

  • Condemnations
  • Eminent domain matters
  • Boundary line disputes
  • Titles disputes
  • Annexation
  • Landlord/tenant actions
  • right of way and easement disputes
  • foreclosures
  • judgment/lien execution
  • water rights disputes
  • HOA/COA homeowner disputes
  • road maintenance disputes
  • contractors

If you are embroiled in a dispute involving your real estate assets, contact us today. We will help you resolve the matter with the most favorable outcome possible.

Call Us

828-339-1010

Visit Us

559 West Main Street
Sylva, NC 28779

Office Hours

MONDAY – THURSDAY
8:30 AM –  5 PM,  Closed 12 – 1 PM

FRIDAY
8:30 AM – Noon,  By appointment only 1-4 PM

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Serving the counties of Jackson, Buncombe, Haywood, Macon, Swain, Graham, Clay, and the towns of Sylva, Murphy, Waynesville, Franklin, Bryson City, Hayesville, Robbinsville and the Cherokee Qualla Boundary.

Carpenter,Guy & Arnold