David Winterton is a professional real estate attorney based in Las Vegas, Nevada. With expertise in real estate law, his office represents developers and banks in legal matters related to buying, financing, exchanging, leasing, auctioning, developing, and constructing properties in Las Vegas and Nevada. The office also protects lenders' rights from foreclosure, eviction, and debt recovery processes.
The law firm has experience in real estate development and complex real estate litigation. They have helped numerous clients retain their properties without any encumbrances or disputes. The firm has successfully obtained millions of dollars for their clients, including a $10.8 million judgment in a real estate partnership dispute.
Winterton's experience as a real estate attorney and broker gives him an advantage in representing individuals before the Nevada Real Estate Commission. The office has been successful in negotiating debts, resolving disputes, restructuring debts, foreclosures, and compensations. Winterton also has experience in landlord-tenant practices, including lease agreements, shopping center leasing, and office building contracts. The office has successfully resolved commercial and residential landlord-tenant disputes, evictions, and provided drafting, review, and negotiation of lease and contract agreements.
The field of construction law has become increasingly complex in recent years, but our office has the knowledge to handle issues related to complex construction liens, as well as construction law and union disputes. We protect landowners' rights during the construction process and contract disputes to achieve successful outcomes for each client.
Specializations of the Las Vegas Bankruptcy Attorney:
Negotiating Real Estate Contracts & Leases
A real estate contract is a legally binding document between two or more parties. Whether you are looking to buy, sell, or lease commercial or residential properties in Las Vegas, Nevada, it is essential to seek the services of an experienced real estate attorney in Las Vegas to draft, review, and/or negotiate a suitable real estate contract that meets your needs.
While buyers, sellers, tenants, and property owners (both residential and commercial) believe they understand the major parts of a real estate contract or lease agreement, it is still crucial to seek legal review and guidance from a real estate attorney before signing. Many real estate legal disputes often result from misunderstandings of real estate contracts or lease agreements. Without consulting an experienced real estate attorney, you risk unnecessary and costly legal fees if negotiations or disputes arise in the future.
Legal Representation for Real Estate Buyers
While it is often customary to trust your real estate agent, there is not always a one-size-fits-all approach to every real estate transaction. The purchase agreement is the most crucial document in any real estate transaction. Considering that real estate transactions are generally one of the most significant and costly decisions in one's life, why would you solely rely on the experience of a real estate agent with just one real estate law course under their belt?
Legal advice from an experienced real estate attorney in Las Vegas can be the most crucial part of protecting your real estate investment. A real estate attorney can assist in negotiating the best contract for a real estate purchase, sale, or lease. Having a Nevada real estate law expert in Clark County ensures that a meticulously drafted agreement will serve all parties involved in the transaction. Moreover, it significantly minimizes the chances of issues, disagreements, and lawsuits in the future.
The Process of Negotiating Real Estate Contracts or Leases
Many times, the biggest mistakes in real estate transactions occur due to the belief in the existence of a "standard real estate contract" in Nevada. Any experienced real estate attorney knows that a good and comprehensive contract is never "one size fits all." Each contract needs to be tailored based on the specific needs, terms, and requirements of the client. The best way to negotiate a real estate contract is often to hire an experienced real estate attorney in Las Vegas before engaging in any transaction.
Benefits of a Real Estate Attorney in Negotiating Real Estate Contracts
It's not uncommon for real estate deals to encounter issues that require legal assistance. If this happens, resorting to litigation is not always necessary. Instead, your first course of action should be consulting with an experienced real estate attorney to consider, discuss, and evaluate all your options. In many cases, an experienced real estate attorney like David Winterton can be involved in the negotiation process to prevent litigation.
Here are the top benefits of hiring a real estate attorney to represent you in the negotiation process:
- Control over the real estate transaction: Professional real estate attorneys can help guide exactly what you want to happen.
- Avoiding litigation: Instead of causing disputes, our attorneys can help find the best resolution.
- Legally sound documentation: We can skillfully draft what has been discussed and present a legally sound agreement considering all possible scenarios.
- Limiting liability: Our attorneys will advise and draft contracts that limit your liability in real estate transactions that might cause complications, including wrap-around contracts, wrap-around transactions, or seller financing.
- Estate planning: Our attorneys also specialize in estate planning and can provide significant assistance to families before or after death in determining the best options for property ownership, transferring real estate ownership, as well as how an asset can be divided.
Real Estate Refinancing, Short Sales, or Foreclosure
Nevada real estate law can be intricate, and most buyers and sellers benefit from hiring a real estate attorney like David Winterton after considering refinancing, short sales or even abandoning their properties.
The truth is, whether you are considering refinancing, short selling, or even abandoning your property, you are faced with a complex business decision that can impact you for the next ten years. Like any other significant business decision, it is difficult to make an informed choice if you are not fully informed about all the relevant factors and options beforehand. Our real estate attorneys can help you understand all the legal information about your situation and assist you in finding the best possible options. When considering how to handle a difficult real estate situation, there are truly many extraordinary circumstances that can make a significant difference in a favorable outcome. A real estate attorney not only identifies and understands the beneficial facts but also evaluates your unfavorable facts.
That is where the experience of David J. Winterton & Associates makes a difference. We have successfully advised hundreds of Las Vegas property owners in finding the answer to their best course of action regarding their challenging real estate assets. Our attorneys have in-depth knowledge of the relevant legal regulations, lender practices, and real estate legal regulations, and will help you develop a tailored strategy with your best interests in mind.
Evictions and Unlawful Ownership Disputes
Eviction in Las Vegas is often referred to as Unlawful Detainer. It involves the process by which a property owner can remove a tenant from a commercial property or a residential dwelling due to issues such as non-payment of rent or other specific reasons defined under the constantly changing Nevada landlord/tenant laws. Whether you are a tenant or a property owner, real estate attorney David Winterton in Las Vegas can help protect your rights under the law and assist you in successfully resolving an eviction case.
Protecting Tenant Rights from Unlawful Eviction
Our attorneys have successfully protected clients facing eviction for over 30 years. We know Nevada law and understand all the techniques that can be utilized to challenge eviction cases. While each situation is unique, we can help provide favorable solutions for tenants. In our process, we examine the details of your eviction case, then build a persuasive legal argument to help retain your tenancy rights.
Las Vegas Eviction Attorney
In addition to assisting tenants with eviction cases, our real estate attorneys also handle eviction cases for property owners. We can help you resolve issues with troublesome tenants who need to be evicted for various reasons as defined by Nevada law, including:
- Non-payment of rent
- Nuisance complaints
- Starting the moving process
- Other lawful reasons to evict
With over 30 years of experience handling a range of property-related issues for clients throughout Southern Nevada, David Winterton will do everything legally possible to achieve the most favorable outcome in your eviction battle or initiation process. David's extensive experience in handling real estate matters allows him to help protect the tenant's right to have a place called home and ensure property owners safeguard their real estate investments.
Legal Issues in Property Planning and Real Estate Land Use
The attorneys at David J. Winterton & Associates can help you address any real estate issues related to planning, land use, and government agency permitting for development or property use. We represent landowners wanting to expand, developers wanting to build, or anyone else in Nevada needing legal assistance with land planning, property development, or land use issues, including:
- Change of zoning
- Modification of general plans
- Modification of specific plans
- Building permits
- Administrative hearings
- Conditional use permits
- Environmental impact reports
- Licensing rights
David Winterton is a tenacious, thorough, and detail-oriented Las Vegas real estate attorney. When he engages in courtroom proceedings or an administrative hearing, he is prepared with all the facts of your case. David will stand up to defend you before planning agencies, planning commissions, review boards, and even the City of Las Vegas or Henderson City Councils and present that accurate information.