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Real Estate Law
Thinking of buying a home, or
selling the one you now own? Are you considering buying or selling a
business? We can help!
You need an experienced real
estate attorney to assist you, whether you are buying or selling real
estate.
The seller of real estate has
many duties to fulfill toward his or her buyer: the seller must clear his
title of any liens or other "clouds" against it. He must insure
the title he his selling to the buyer (provide title insurance). He must
provide survey that clearly shows that the property does not encroach on the
property of a neighbor, and that a neighbor's property does not encroach on
the property being sold. He must provide the buyer with a recordable deed to
the property, as well as a bill of sale for the personal property being sold
with the building. The seller must also be protected to ensure that no undue
credits (i.e., the seller's money!) are being granted to the buyer. The
attorney will also monitor the buyer and his lender's good faith attempt to
obtain a mortgage and close the transaction on time, among many other areas
of importance to the seller. If a business is being included with the real
estate, the seller has many more duties and concerns.
It is also important that the buyer
have legal representation. While the buyer does not have all the duties
(such as preparing documents) that a seller does, the buyer first and
foremost needs protection. For example, when negotiating the contract terms,
the buyer needs to ensure that he is protected against a rise in the
property tax rate effecting the property during the time the seller owned
it, because the first tax bill the new homeowner receives is usually the
seller's bill. (e.g., 2001 taxes are not payable until 2002.) The buyer
needs the protection of a mortgage contingency clause, which "lets him
off the hook" in the event he cannot obtain a mortgage, and a current
residence contingency clause, which does the same in the event the buyer
cannot sell his current home. Other concerns the attorney may address
include inspections, warranties, clear title and code compliance. Again, if
a business sale is involved, the buyer has even more concerns.
Because we are full
service law office, we can conveniently and inexpensively obtain
the title, survey and other services you need to close. Let us put our
expertise to work for you
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