Perspectives

When you’re buying a home, it’s easy to get swept up in the excitement of paint colors, neighborhoods, and mortgage approvals. But there’s one crucial piece of the puzzle that can make or break your ownership: the title. 

A home’s title is the legal documentation that proves you own the property-and it must be clean and clear for the sale to go smoothly. Unfortunately, title issues are more common than you might think. And if they’re not caught early, they can lead to serious legal and financial consequences down the road. Here’s what every homebuyer-and homeowner- needs to know to avoid title trouble.

What is a Title, and Why Does it Matter?

The title to a property is your legal claim to ownership. It includes a history of who has owned the property, any legal claims made against it (like mortgages or liens), and rights of access or use (like easements).

If the title isn’t clear, you could end up buying someone else’s legal problems-like unpaid taxes, surprise ownership claims, or even disputes over property lines.

Common Title Issues that Can Derail Your Deal

• Unpaid Liens or Judgments: Contractors, the IRS, or previous lenders may have placed liens on the property for unpaid debts-and those liens don’t disappear just because you buy the house.
• Boundary Disputes: A fence that’s off a few feet can become a big legal problem if neighbors disagree about where the property line actually is.
• Forgery or Fraud in Past Transfers: If a previous deed was forged or transferred without proper authorization, you could find your ownership challenged.
• Heirs or Co-Owners You Didn’t Know Existed: Sometimes, long-lost heirs or former co-owners come forward claiming they have a legal right to the property, even after you’ve closed.
• Easments or Access Rights: Utility companies, neighboring properties, or the public may have access to part of your land-sometimes without your knowledge.

How to Protect Yourself: Legal Best Practices

Work with a Real Estate Attorney: While title companies handle much of the due diligence, an attorney can review your title report and contract to ensure your legal interests are fully protected.

Always Get Title Insurance: Title insurance protects you from financial loss due to title defects. A one-time payment at closing covers you as long as you own the home.

Request a Detailed Title Search: Make sure your title company does a full search, not just a quick scan. Ask to review the report-and have an attorney explain anything that’s unclear.

Understand What Title Insurance Does (and Doesn’t) Cover: Not all title insurance policies are the same. Some don’t cover zoning issues, post-purchase boundary disputes, or problems that arise after construction. Know what’s in your policy.

Resolve Issues Before Closing: If the title search uncovers red flags, don’t rush forward. Work with your attorney to clear them-or walk away if they can’t be resolved.

Already a Homeowner? Here’s What to Watch For

Even if you’ve already closed, it’s smart to keep an eye on your property’s legal status. For example:

• Double check that your deed was properly recorded with the county
• Watch for any legal notices or tax issues involving your property
• If you add someone to your deed, consult a lawyer to avoid unintended consequences

When to Talk to a Lawyer

A real estate attorney isn’t just helpful during closing, they’re essential if:

• You’re buying a home with a complex history or shared ownership

• The title report shows unresolved liens, easements, or legal claims

• You’re facing a dispute with a neighbor or HOA over property boundaries

• You’re selling your home and need to ensure a clean transfer

Conclusion: Your Dream Home Deserves a Clean Title

You’re investing a lot—emotionally and financially—when you buy a home. Don’t let hidden legal problems sneak in through the fine print. Taking the right steps now can save you years of legal headaches and financial loss later.

If you’re buying, selling, or just want peace of mind about your home’s legal standing, contact our real estate attorneys today. We’re here to protect your investment—so you can focus on making your house a home.

Wage and hour compliance is an essential aspect of operating a business. It’s not just a legal obligation but a critical component of maintaining a fair and equitable workplace. Failure to comply with wage and hour laws can lead to significant financial penalties, damage to your company’s reputation and costly litigation. This post will provide an overview of wage and hour compliance, focusing on the Fair Standards Act (FLSA) and state laws like the Minnesota Fair Labor Standards Act (MFLSA).

Federal Standards: The Fair Labor Standards Act (FLSA)

The FLSA is the cornerstone of federal wage and hour regulations. It sets the baseline standards for several key areas, including:

Minimum Wage: The FLSA establishes a federal minimum wage, which is currently $7.25 per hour. However, many states, including Minnesota, have set higher minimum wages. For instance, Minnesota’s minimum wage is higher than the federal standard, and employers in Minnesota must pay the state rate. (Always be sure to review your local and state laws.)

Overtime Pay: The FLSA requires that non-exempt employees receive overtime pay at 1.5 times their regular rate for any hours worked over 40 in a workweek. This standard applies across the country, but states can impose stricter rules.

Recordkeeping: Employers are required to maintain accurate records for employee’s hours worked and wages paid. This includes details like the employee’s full name, social security number, address, birth date (if under 19), gender, occupation, time and day when workweek starts, hours worked each day, and total hours worked each week.

Youth Employment: The FLSA also sets restrictions on the employment of minors, limiting the hours they can work and the types of jobs they can perform. These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs under conditions that may be detrimental to their well-being or health.

State-Specific Standards: The Minnesota Fair Labor Standards Act (MFLSA)

While the FLSA sets the baseline for wage and hour laws, state laws like the MFLSA can impose additional requirements. Employers must comply with both federal and state regulations and apply the standards that are most favorable to employees.

Overtime Pay: Unlike the FLSA, which requires overtime pay for hours worked over 40 in a workweek, the MFLSA mandates overtime pay for hours worked over 48 in a workweek. However, this does not mean that employers can ignore federal overtime requirements. If an employee is covered by both the FLSA and the MFLSA, the employer must pay the employee according to the standard that benefits the employee the most.

Minimum Wage: You state’s minimum wage may be higher than the federal minimum wage and vary depending on the size of the business. Employers must pay the higher state minimum wage if they are subject to both federal and state laws.

Additional State Requirements: Be aware that state’s also may have additional specific requirements. For example, Minnesota law requires meal and rest breaks, payment of wages upon termination, and protections for certain types of leave. Specifically, MN law requires that employees be given enough time to eat a meal during a shift that is eight hours or longer. Employers must be aware of the nuances to ensure full compliance. We recommend working with trusted legal counsel to ensure your follow all city, state, and federal laws.

The Importance of Compliance

The consequences of non-compliance with wage and hour laws can be severe. Employers who fail to meet these obligations may be subject to:

Back Wages: Employers may be required to pay employees any unpaid wages that were owed under law.

Liquidated Damages: In cases where violations are found to be willful, employers might be liable for liquidated damages, which can double the amount of back wages owed.

Attorney’s Fees and Court Costs: Employers found in violation may also be responsible for paying the employee’s attorney’s fees and court costs.

Reputational Damage: Beyond the financial impact, wage and hour violations can seriously damage an employer’s reputation, making it difficult to attract and retain top talent.

Staying Compliant: A Proactive Approach

Given the complexities of wage and hour laws, especially when considering both federal and state requirements, it is crucial for employers to take a proactive approach to compliance. This includes:

Regular Audits: Conduct regular audits  of your payroll practices and recordkeeping procedures to ensure compliance with all applicable laws.

Employee Training: Ensure that your HR team and management are fully trained on wage and hour laws and understand the importance of accurate recordkeeping and fair pay practices.

Staying Informed: Wage and hour laws are subject to change, so it’s important to stay informed about any updates to federal or state laws that may affect your business.

Consulting with Legal Counsel

Navigating the complexities of wage and hour laws can be challenging, especially for businesses that operate in multiple states or industries with specific regulations. To ensure compliance and protect your business from potential liabilities, it is highly recommended to work with trusted legal counsel who can provide expert advice tailored to your specific situation.

Your legal counsel can help you understand your obligations under both federal and state laws, identify potential areas of risk, and implement best practices to mitigate those risks. By partnering with experienced employment law attorneys, you can confidently navigate the complexities of wage and hour compliance, allowing you to focus on what matters most-growing your business. 

In the aftermath of a natural disaster, individuals and businesses face numerous challenges as they strive to rebuild and recover. From navigating complex insurance claims to securing vital small business loans, the road to recovery can be daunting and fraught with potential pitfalls. Additionally, accessing FEMA and other disaster relief funds requires a thorough understanding of eligibility and application processes. To make matters more challenging, the risk of fraud and shoddy construction work increases, making it crucial to have a trusted legal partner by your side. Wagner, Falconer, & Judd is dedicated to providing comprehensive legal support during these trying times, ensuring that you receive the assistance and protection you need to rebuild your life and business with confidence.

Insurance Claims

Maximize your insurance claims with expert legal guidance. After a natural disaster, navigating the complexities of insurance claims can be overwhelming. Wagner, Falconer & Judd is here to ensure you get the maximum compensation you deserve. Let us handle the paperwork and negotiations while you focus on rebuilding your life.

Navigate insurance claims with confidence. Don’t let the insurance companies dictate your recovery. With our seasoned legal team by your side, you can rest assured that your claim will be handled professionally and efficiently.

Small Business Loans & Support

Secure small business loans with legal expertise. Rebuilding your business after a disaster is challenging. Wagner, Falconer & Judd specializes in helping businesses get back on their feet. We’ll guide you through the application process, assist you in meeting requirements for approval, ensuring you have the financial support needed to rebuild and thrive.

Lead effectively during a disaster. Additionally, if you are forced to close your doors temporarily, we provide guidance on complying with employment laws, helping you manage your workforce and legal obligations effectively during the recovery period.

FEMA or Special Disaster Relief from Federal and State Governments

Unlock federal and state disaster relief funds. Accessing FEMA and other disaster relief funds can be daunting. Our knowledgeable legal team will help you understand your eligibility and assist you in securing the aid you need to recover and rebuild effectively.

Fraud (What to look out for, how to spot shady contractors or people offering help.)

Protect yourself from disaster-related fraud. Natural disasters can bring out the best in people, but also the worst. WFJ will educate you on how to spot fraudulent schemes and protect yourself from shady contractors and scammers looking to take advantage of your situation.

Stay safe from fraud after a disaster. Don’t fall victim to disaster-related fraud. Proactively reaching out to WFJ before signing a contract with a contractor could save you years of legal headaches. Ensure you only work with legitimate and trustworthy contractors and service providers during your recovery-however, if you find yourself taken advantage of by a disaster vulture, our legal team can help you recover funds, and get work completed.

Contract Review

Ensure quality rebuilds with professional contract review. WFJ offers thorough contract review services to ensure you’re not paying for incomplete or substandard work. Let us safeguard your interests and ensure your reconstruction is done right the first time.

Avoid construction pitfalls with expert contract review. Before signing any contracts for reconstruction, let our experienced legal team review the terms. We’ll help you avoid common pitfalls and ensure your agreements are fair, protecting you from paying for work that was never completed.

Comprehensive Assistance

Comprehensive legal support during disaster recovery. Navigating the aftermath of a disaster involves numerous legal and financial challenges. WFJ provides comprehensive assistance, helping review and write letters to insurance companies, guiding you through FEMA and other disaster relief applications to access vital funds, and educating you on spotting and avoiding fraud. Our experienced construction and employment attorneys are uniquely qualified to be a vital resource and steadfast partner through every step of the recovery process for individuals and businesses alike.

Recovering from a natural disaster is a complex, and often overwhelming process, but you don’t have to face it alone. Trust Wagner, Falconer, & Judd to be your steadfast partner in rebuilding and revitalizing your life and business, providing you with the peace of mind and support you need during these challenging times.