KMD | Real Estate

Meet the Professionals

Our real estate attorneys represent buyers, sellers, landlords, and tenants in the following residential property matters:

• Sale and leasing negotiations
• Property development
• Homeowners associations
• Property management companies
• Investment property in disposing of office buildings
• Industrial properties
• Multi-family properties
• Undeveloped land

We are committed to providing our clients with service and results-oriented legal representation while guiding them through the complicated maze of regulatory, financial, and legal hurdles they may encounter.

For most people, buying and selling a home presents the greatest legal obstacle course encountered in their early adult lives. There are many key issues that arise in the purchasing process that could have adverse implications for as long as you own the home. A qualified real estate attorney can eliminate the guesswork associated with a purchase agreement and associated contract to achieve optimal and enjoyable ownership. Often, an attorney can perform the same functions a licensed real estate broker can perform, with a few exceptions. Having a contract drafter and negotiator familiar with the business and law of residential property transactions has distinct advantages. Some issues to consider when purchasing a residential property include:

Further, most real estate agents charge flat fees or commissions with very little accounting to the client as to how exactly that commission is earned. At Kearney, McWilliams & Davis, PLLC, we can avoid gratuitous flat fees and percentage-based commissions, providing itemized details of our representation in a specific accounting to you, meeting your needs as your experience and the transaction’s complexity dictates. These issues and many others frequently and consistently arise in residential real estate transactions.

Oftentimes, disputes between a landlord and tenant can be resolved among the parties, without having to go through the expense and hassle of hiring an attorney. However, things don’t always go as they should. When it comes time to hand over the reins, Kearney, McWilliams & Davis, PLLC has the attorney horsepower to help resolve your dispute.

Many landlord/tenant agreements have provisions that specify alternative dispute resolution as opposed to costly litigation. If not, then jurisdiction will lie exclusively with the Justice of the Peace courts, appealed de novo into the County Courts at Law. Whether you are the landlord or the tenant, it is important to find a law firm with experience that’s comfortable in court appearances, mediations, and arbitrations. Finding a real estate lawyer with a strong real estate and commercial property transactions and negotiations practice is even more valuable. There are several different issues that landlords and tenants typically encounter when a deal has gone sour, including:

Each of these issues are time sensitive and requires that the parties meet certain requirements within a given amount of time in order to protect their rights. At Kearney, McWilliams & Davis, PLLC, we have experienced attorneys ready to solve your problems. We are in a strong position to help you resolve your conflicts as quickly and cost-effectively as possible.

Unfortunately, not all real estate transactions are successful, resulting in losses and damage to property, tangible or intangible. Real property litigation often involves very sensitive timing, notice, and disclosure requirements, as well as strict procedures established by the courts. We stay ahead of the statutes, regulations, and deadlines, cutting down the time our client’s property is held up in a complicated eviction, boundary dispute, or other cloud-causing proceedings. We assist our clients with:

• Evictions
• Contract disputes
• Mechanics liens
• Construction disputes
• Eminent domain proceedings
• Title disputes
• Loan service
• Foreclosure issues
• Receivership matters

If you have serious defects with the home you just closed on, there may be methods to make sure you get proper compensation. If your home seller, seller’s agent, or home inspector has done any of the following you will be able to sue them:

• Failure to Disclose a Defect
• Negligence
• Fraud
• Breach of Contract
• Breach of Warranty
• Negligent Misrepresentation