Real Estate

The buying and selling of property, whether a primary residence, vacation home, or investment property, is one of the largest financial commitments most people will ever make and it can be one of the most stressful projects a buyer or seller can undertake.

The Real Estate Transaction in Brief

Once an owner decides to sell a property, he or she generally lists the property with a real estate broker. After the property is listed, a buyer will make a formal offer that is secured by a deposit. If the property owner accepts the offer, a Contract, which is usually prepared by the buyer’s realtor, sets forth the rights and obligations of both parties with regard to the sale of the property. That contract is subject to a three-day attorney review period during which either buyer’s attorney or seller’s attorney can disapprove the contract and terminate it or begin to negotiate changes to it. Once the changes to the contract are successfully negotiated, or the three days pass without the contract being disapproved, the contract becomes binding.

Why Hire a Real Estate Attorney?

Most real estate sales contracts are prepared by a realtor and need to be amended to properly protect the buyer and the seller. Hiring an attorney guarantees that you will receive an expert, unbiased explanation and evaluation of the contract. Your real estate attorney will work to negotiate fair and reasonable terms and will help you avoid pitfalls of which you may be unaware. You may think the contract is clear and easy to understand, but it may contain provisions that are unenforceable or that create more liability than you realize.
An attorney also is useful in reviewing the home inspection report and negotiating any repairs or credits that can be sought. Shortly before the closing, it is important to have an experienced attorney review the title work to ensure that the sale can proceed without problems.
When it comes time for the closing, your attorney will prepare closing documents on your behalf and, if you are the buyer who is getting a mortgage loan, your attorney will review all mortgage loan documents and explain them to you.
It's better to rely on an attorney now, because litigating your rights in court after the fact can take years and cost thousands in legal fees.

For Sale By Owner

Some people choose to sell their properties on their own without the help of real estate agency or broker. While this approach can save you thousands of dollars in commission, it also can expose you to liabilities and headaches of which you were unaware. If you decide to sell a property on your own, you should consult an attorney before you consider accepting an offer. We can advise you as to what your rights are and draft a contract for you.

Our Fees

Whether you are buying or selling, we offer reasonable rates to help you through the process.