Real Estate Law

Real Estate Law


The purchase of a home is one of the biggest transactions that you will undertake as a consumer. The process can be overwhelming. Let an experienced Attorney guide you through this unfamiliar process. The Offer to Purchase and the Purchase and Sales Agreement are legally binding documents that require careful review. An attorney can help you negotiate the terms of these contracts. An experienced attorney can also advise you and help revise these documents to protect you from losing your deposit. The deposit for many people is a substantial amount of money or their life savings. You will feel comfortable knowing that your attorney is there for you along the way including attending the closing with you.

The Sale of a home is not as simple as it may appear to many. The Offer to Purchase and the Purchase and Sales Agreement need to be reviewed and many times revised to protect your interests. There are penalties and deadlines that must be followed. We will work with you to ensure that the process goes smoothly. We will ensure that any issues that could delay the closing such as title problems are taken care of in an efficient manner. We will also draft the new Deed for you which will legally convey title to the property to the Buyers. If you have engaged a real estate broker, we will work with them to ensure that the other requirements surrounding a sale, such as the obtaining of the Smoke Certificate and CO2 Certificate and final water reading are complied with in a timely manner. We will also attend the closing with you. If the day becomes too hectic due to movers and others issues, we can draft a Power of Attorney and represent you at the closing and free up some of your valuable time on what can be a very hectic day.

The other party involved in the buying and selling transaction is the Bank or the Lender. I have represented Banks and Lenders as their attorney in these transactions. Therefore, I am knowledgeable as to all the different perspectives and interests involved in a residential real estate transaction. The Bank or Lender attorney represents the interest of the Bank or Lender. Therefore, you should consider if you want to retain your own independent counsel when buying a property or if you want to use the Bank Attorney to represent you. This is acceptable as long as it is disclosed to you that the Bank Attorney represents the Bank first and the Borrower or Buyers second.

DECLARATION OF HOMESTEAD: A Declaration of Homestead is a document that can be drafted and protects the homeowner(s) from certain types of creditors. The Homestead protects up to $500,000.00 dollars in equity in your primary residence. The Homestead does not apply to investment property or second homes. Any new property owner should have a Homestead. Act now if you don’t have a Homestead on your property. This can be done at any time even after you have purchased your house.

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