Real Estate – Buying or Selling Residential Property
At Dougherty, Molenda, Solfest, Hills & Bauer, our real estate attorneys can explain the entire process of buying or selling a home, provide legal advice and represent clients throughout a real estate transaction.
Although real estate agents can provide capable marketing services, attorneys are licensed to provide legal advice on the issues and questions that arise during a real estate transaction. By assisting clients in identifying and addressing problems before and during the closing, our real estate attorneys help clients to avoid unnecessary risks and liabilities in a real estate transaction.
Why Hire a Real Estate Attorney?
Disclosure Requirements. Local, state and federal laws require a wide range of disclosures, depending on the location and characteristics of the home. A real estate attorney can identify the applicable disclosure requirements, provide legal advice and assist you with preparing or reviewing the necessary disclosure forms.
Purchase Agreements. “Standard” Purchase Agreement forms and addenda contain many provisions and alternatives that have significant legal and financial consequences. A real estate attorney can explain the options and assist you with preparing and negotiating the Purchase Agreement.
Financing. A real estate attorney can draft or review financing documents such as promissory notes, mortgages and contracts for deed. A real estate attorney can also explain the terms of these documents and their ramifications.
Minimizing Taxes and Limiting Liability. A real estate attorney can provide advice concerning legal alternatives for reducing or delaying taxes and protecting your personal assets from liability related to the real estate, if appropriate. A real estate attorney can work with your accountant, estate planning attorney, corporate attorney or other professionals to help you achieve your goals.
Inspections. A real estate attorney can identify inspections that are mandatory or advisable for the property and guide you through the inspection process.
Title Examination. A real estate attorney can explain alternative methods for examining title to the property, review the Abstract or title commitment, make or respond to title objections, and assist in curing title defects.
Title Insurance. A real estate attorney can provide information and advice concerning title insurance policies that provide coverage to the owner or the lender.
Closing. A real estate attorney can draft or review closing documents to ensure that your interests are protected and that costs are properly allocated between the seller and the buyer. A real estate attorney also can attend closing in person or be available by telephone to assist you with any problems that may arise.
Enforcement or Cancellation of Purchase Agreements. A real estate attorney can explain your rights and obligations if a dispute arises and can represent you in connection with enforcement or cancellation of the Purchase Agreement.
If you would like to learn more about the legal services we provide to homeowners, please do not hesitate to contact us with questions or to schedule an appointment with one of our real estate attorneys.