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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.
The attorneys and staff at Persaud & Nunez are committed to assist and counsel you in all facets of real property transactions. Call us today for a free consultation.
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