Real Estate Attorney in Ogden, UT
Handling Northern Utah Real Estate Cases Since 1979
- Senior Attorney Service at Fair, Transparent Pricing
- Free Consultations That Connect You Directly With an Attorney
- Flexible Engagement, From 20-Minute Guidance to 20-Month Representation
Meet the Attorneys of
Froerer & Miles
Serving the People of Northern Utah Since 1979
Froerer & Miles has served Northern Utah for decades. Our Ogden law office provides legal services for residential and commercial real estate law, estate planning/probate law, divorce/family law, and personal injury law/civil litigation. We proudly look after our neighbors and fellow Utahns.
When to Consult a Real Estate Lawyer
Consider contacting an attorney if you experience any of these situations:
- You are buying or selling property in Utah
- You are transferring property between a corporation, trust, or partnership
- You are conducting a title search on a prospective property for sale
- You are filing a real estate deed with the county or state
- You have a problem with a real estate transaction, contract, or lease
- You have run into an issue with Utah's zoning regulations
- You have a dispute over property boundaries or easement issues
- You have a disagreement with your condominium or HOA
“It was such a pleasure to work with Matt Miles. And he was so efficient and knowledgeable about everything in my situation. But most important is the fact that he put me at ease and was always very quick to respond to any questions or answers that I needed. Living in another state and not being able to commute for everything was also invaluable to me as Matt stepped right up and handled everything for me. I will forever be grateful to him and his firm. Huge thank you!” —Debbie, 5-Star Review
Don't Let Cost Keep You From Getting Answers Your First Consultation Is Free
Many people put off calling a real estate attorney because they assume it will be expensive. It doesn't have to be. Your initial consultation with Froerer & Miles is free, and we'll connect you directly with an attorney who can tell you whether your issue even requires legal help. Sometimes twenty minutes of guidance is all you need.
If your matter does move forward, we're upfront about what it costs. Most disputes never see a courtroom. In fact, we work to settle outside court whenever the matter allows, which keeps your costs down. If a case does have to be filed with the court, there is a $360 hard filing fee, and some matters may require additional costs such as a title report or appraisal. We'll explain these expenses before they come up, so there are no surprises. And because Bob Froerer's decades of real estate experience make it possible to move through a case roughly twice as fast as a generalist attorney, that efficiency often saves clients money in the end.
Developing a Sound
Purchase Agreement
When developing a purchase agreement, it is important to acknowledge the buyer's and the seller's wishes. A purchase agreement will explicitly state any issues to be addressed before completing the sale. This may include:
- What to do if a property inspection discovers asbestos, radon, termites, or lead-based paint
- If property alterations by the seller or current owner were done lawfully
- If the buyer’s plans for future alterations can be done lawfully
- The financial and legal consequences if the deal does not go through
Avoid Problems While
Selling Property
While not required by Utah law, it's a good idea for sellers to hire an attorney. If a seller signs a brokerage agreement that does not deal with certain legal issues, the seller may become liable to pay a brokerage commission even if a sale does not occur. Lawyers can also review a home inspection to make sure that all relevant information, including defects or judgments, is made known to the buyer. This reduces your chances of being sued by the buying party for failure to disclose information.
If the seller is dealing with a corporation or partnership, there are added layers of complexity. If the transaction is improperly completed due to failing to clear a title, failing to disclose specific defects, or violating a corporate charter for any reason, the seller may face a series of lawsuits by the entity and each of its individual partners.
Legal advice and guidance from Froerer & Miles can help sellers navigate complicated processes and avoid costly errors.
Title Searches and Title Reviews
A clean title is required for real estate deals to go through. Title searches examine public records and legal documents to confirm ownership and reveal any outstanding claims on a real estate holding.
While it is possible for a buyer to conduct a title search on their own, locating and parsing these records without legal know-how is difficult. Our Ogden real estate lawyers can perform a title search on behalf of a prospective buyer. In doing so we can identify issues such as:
- Undisclosed property owners
- Liens or judgments on the property
- Pending lawsuits or legal issues
- Tax debt and other financial problems
- Disputes over the property's boundaries
- Easements to utility companies and other parties
Closing of a Real Estate Transaction
For everyone involved, the closing of a real estate sale transaction is the most important step in the process. The deed and closing papers must be prepared to the letter of the law. Once the title passes from the seller to the buyer, the balance of the purchase price will be paid.
A lawyer from Froerer & Miles can help explain closing costs to ensure fairness across the board. Last-minute disputes are not uncommon, and the help of an attorney can make this final step move forward as smoothly as possible.
“If I could give 1 million stars, I would. Bob Froerer was very thorough and understanding of my situation. If you need anything from him, he will go out of his way to get the job done! He is very knowledgeable and professional. It was a pleasure working with him. Start to finish, he kept me in the loop, even if it was a 5-second conversation. The staff are very friendly and helpful as well. I would recommend this practice to everyone! Thanks again, Bob, for the amazing work you've done!”—Jessica, 5-Star Review
Filing Real Estate Deeds
Failure to file the proper and applicable documents at the state and local level can lead to a number of costly consequences.
For example, a commercial property transaction must register the business with the state of Utah; the company may not receive a taxpayer identification number otherwise. There may be a labyrinth of state regulations affecting your residential or commercial property as well.
A real estate lawyer from Froerer & Miles can file your deed promptly and efficiently, streamlining the entire process. For commercial real estate, a lawyer can breeze past the bureaucratic hurdles the state of Utah has in place and secure a business license through your local Utah municipality.
Property Transfers
Froerer & Miles can advise homeowners on the transfer of their property through a general warranty deed, special warranty deed, or quitclaim deed. We can also assist with wills and trusts or estate planning services if you want a loved one to inherit your property in the future.
Arranging real estate transactions with a corporation or partnership can be particularly complicated. Our lawyers will consider existing business arrangements and their respective legal boundaries within Utah real estate law. We can then draft a contract in accordance with state statutes and the charter agreements of any corporation, partnership, or trust.
Foreclosures
If you're facing judicial or non-judicial foreclosure in Ogden or Layton, the lawyers of Froerer & Miles can offer counsel to help prevent the loss of your home or business.
Residential Property Foreclosure
Typically, foreclosure cannot begin until payments are 120 days past due. During this preforeclosure period, there is an opportunity for loss mitigation in which you can work out a payment plan with the lender. Our real estate attorneys can offer insight into the process and advise clients of the best options moving forward.
Commercial Property Foreclosure
For businesses, the threat of foreclosure could mean the end of operations. Our attorneys can review options for debt reorganization and help negotiate new terms for your loan that reflect your current financial realities.
Land Use and Zoning
If you’re involved in commercial real estate development or want to build a new home, you need to know the land use and zoning laws that apply to your property. Failure to meet existing regulations could lead to major setbacks in your real estate venture.
Our real estate attorneys are familiar with various zoning and land use ordinances throughout Ogden, Layton, and other Northern Utah neighborhoods. We can offer guidance on different development approval requirements, and explain the steps you need to take to avoid expensive mistakes.
The Utah real estate lawyers at Froerer & Miles can also challenge and appeal existing ordinances while working with state and local government agencies. Our goal is to help your development get underway with minimal issues.
Property Lines and Boundaries
Do you and a neighboring property owner disagree on where the boundaries of your properties lie? Boundary disputes are a common issue often rooted in inaccurate surveying conducted long ago, or something as simple as an incorrect assumption. Our firm can determine if one property owner is encroaching upon another's property and help reach an amicable agreement, such as removal of the encroachment (such as a shed) or sale of the encroached portion of the property.
Easement Issues
If you are involved in a disagreement about the use, location, or other aspect of an easement, our attorneys can help find a solution. Whether the easement holder is a municipality, utility company, neighbor, or another party, we can work with them to reach a conclusion that serves your best interests.
Legal Services for HOA Disputes
If you are part of a homeowners association, the rules of the HOA will dictate what you can and cannot do regarding your house, condo, or townhouse. This applies to the appearance of your home, gardening and landscaping, pet ownership, and upkeep.
Excessively restrictive rules, selective enforcement of those rules, and abusive collection tactics could result in serious disputes among residents and community members.
Our real estate lawyers can help with various conflicts that could arise between you and your HOA. We can help address unfair application or enforcement of rules and protect you from exorbitant fines and other penalties.
“Matt is awesome. He’s patient, knowledgeable, and gave us step-by-step instructions on our next moves. He spelled out every option available to us, both in the moment and down the road. I appreciate no frills and flowers, being a straightforward person. Matt seems to be the same way, and we appreciated the transparency, especially since he knew that if things worked out seamlessly, he wasn’t going to make a single penny. Yet, we still received this great service. Definitely recommend.” —Courtney, 5-Star Review
Real Estate Law FAQ
I can’t pay my mortgage. Should I consider a short sale?
It really depends on your financial situation and other factors. During a free consultation with our real estate law firm, we can review your options to avoid foreclosure, identify alternatives to a short sale, and give you some guidance through this difficult time.
I found major problems with my property after closing even though it passed inspection. What can I do?
If you discover any substantial structural issues or the presence of hazardous materials on your property, it’s worth reviewing your sales contract and consulting a real estate lawyer. During a consultation, a real estate law attorney can discuss your situation and determine if you should take legal action against the seller or another party.
Can I avoid real estate litigation and just resolve problems out of court?
Yes. If you are having problems resolving a disagreement, there are different options for alternative dispute resolution (ADR). Froerer & Miles offers mediation services that can save time and money for all parties involved in your real estate matter.
How much does it cost to work with a real estate attorney at Froerer and Miles?
It depends entirely on your situation. Your initial consultation is always free. If you hire us, you'll get a clear breakdown of our fee structure. If your case is filed with the court, there is a $360 filing fee, and matters that require a title report or appraisal may carry additional costs. We'll explain any expected costs upfront and aim to settle outside court whenever possible to keep things affordable.
Should I hire an attorney when buying or selling property?
Real estate agents may have the training to help you fill out contracts and to market and sell properties, but they are not qualified to give legal advice. Clients negotiating a property sale can benefit from the expertise of our real estate lawyers. Froerer & Miles can make sure that any real estate contract adheres to Utah state law and addresses any specific issues that may have an effect on future use.
