Real Estate Admin February 14, 2023

Area of Focus

Real Estate

Real estate matters are varied and cover a wide range of situations, involving multiple areas of law. Whatever the situation may be, however, if real estate is involved, it is imperative to have an experienced attorney to guide you through the process.

More about this Area of Focus
General information

Residential and Commercial Real Estate

  • Buying or Selling Your House?
  • The Agreement of Sale
  • The Title Search
  • Documents
  • Settlement

After-Settlement Services
Zoning and Planning
Landlord / Tenant
Title Insurance

Residential and Commercial Real Estate

One of the largest transactions that you will have in your lifetime is the acquisition of your personal residence whether by sale or by construction of your personal residence. Our attorneys can assist you in the planning for the construction of your home including reviewing the constructions documents, lot purchase documents and other regulatory issues that may arise pertaining to your property.

For already constructed homes, it is imperative that before you sign the contract for the acquisition of the property, that you have it carefully reviewed by an attorney. There are many aspects of the acquisition of the property that should not be left to the realtor alone.

Buying or Selling Your House?

Even if you have purchased or sold real estate previously, the importance and size of each transaction merits special attention.
Your attorney should be the one who is experienced in real estate transactions and should be chosen with care. His or her role will be determined by what use you make of the professional relationship.

The Agreement of Sale

The Agreement of Sale is the contract that sets forth the terms of your purchase. Thus, it is imperative that all of the terms, discussions, and agreements previously negotiated between the Seller and Buyer be contained in the Agreement of Sale.
Failure to abide by the terms of the Agreement of Sale or failure to meet a condition of the Agreement of Sale could result in its termination or money damages payable to you.

Once the Agreement of Sale has been signed, a legal contract is made which can be enforced in a court of law. Too often at the settlement table, discussions arise as to what was supposed to e included with that purchase price.

The Title Search

In order to insure that the owner of a property that the buyer is purchasing has a good and legal title, an attorney will conduct what is known as a title search. Most residential mortgage lenders in the area will require that you obtain a title insurance policy from a reputable company to protect against any title defects which may arise.
By selecting an attorney who is also a licensed title insurance agent, you can avoid duplication of services and fees.

Documents

In addition to receiving the title search, the attorney will often be responsible for preparation or review of all documents necessary for the transfer of title, financing and settlement.
Such documents include the Deed, Mortgage, Bond or Note, Settlement Sheet, and all related papers necessary for the transaction.

Settlement

Settlement is the finalization of the Agreement of Sale when the Seller and the Buyer meet together to sign the necessary documentation to complete the transaction and to transfer the funds for the purchase of the property. You should review each document at the time of settlement and raise any questions that you have pertaining to the documents.