|
Real Estate Closings
The firm has extensive experience in negotiating and closing
Real Property Transactions, both Commercial and Residential.
The purchase or sale of real property is likely to be the
largest financial transaction most people will ever make.
We have the knowledge and expertise to protect your interests
in resolving the complex legal and title issues.
WHY HAVE AN ATTORNEY?
Buying real estate is complicated business. Therefore, you
need someone on your side who is an expert and knowledgeable.
A real estate attorney can look out for your interests,
ensure that you get a clear title to your new property,
as well as help you protect your investment for the future.
Legal advice offers you something the average buyer really
needs, and usually lacks: knowledge of the subtleties and
peculiarities of real estate law and the transfer of property
rights and title.
WHAT CAN AN ATTORNEY DO FOR YOU?
Attending a real estate closing without an attorney can mean
you are entering into an unfamiliar transaction without
sufficient knowledge. In a typical real estate transaction,
your attorney can explain the following:
- Your liability
if assuming an existing mortgage.
- The effect
of any existing mortgage and construction liens.
- Alternative
means of financing, including the effect of mortgage
prepayment.
- Where and
how to file for homestead exemption.
- The seller's
liability after the sale.
- Post-contract
liability for fire and other hazards.
As a matter
of course, your attorney
will also evaluate the legal rights you are purchasing
when you purchase property,
with special attention to these following questions:
- Is the
property's recorded legal description sufficient?
- Do
the rights include physical access to the property
that meets your needs?
- Will the
purchased rights permit you to use the property in the
manner desired?
- Will the
title be marketable should you decide to sell or remortgage
the property?
Your attorney
will also perform a series of important actions as appropriate
to your specific
transaction,
such as:
- Obtain
a title search, evaluate the status of title, and require
appropriate legal remedies to clear defects.
- Prepare
and review the Closing Statement and other closing
documents, and inform you about any stipulations that
affect your interests.
- Interpret
and counsel you about all legal documents related to
the title and transaction,
including deeds,
mortgages,
and closing statements.
- Prepare
a bill of sale to cover any personal property such as
window treatments
and appliances that are
included in
the sale.
- Advise
you how title should be taken and how this affects your
overall business and personal
estate.
- As required,
investigate zoning ordinances and other governmental
use restrictions.
- Relate
the income, estate, and gift tax consequences to your
estate.
- Check unrecorded
municipal liens, including sewer and special assessment
liens.
- Advise
you on what the title policy does not protect against,
with emphasis on insurability
and marketability
- Explain
the property tax structure.
- Explain
any lender problems that may result from unmarketabilty.
Finally,
at closing, your attorney will be present to check every
detail,
making
sure
the documents
carry out the parties'
actual intent as originally expressed
in the contract, and meet requirements
for
a marketable
title, This
is the most
critical part of all, and your
attorney's participation is important in helping
you protect your investment
and your
financial security.
|