Alex Baglioni & Team RE/MAX Partners Toll Free: 866-YOU-SOLD Ph: 954-229-0610 Fax: 800-743-1023 Offices in Fort Lauderdale, Las Olas, LightHouse Point, Plantation Pembroke Pines and Coral Springs.
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How a Lawyer Can Help You With Your
Real Estate Transaction
Do you need a lawyer for your real estate closing?
- Do you trust the other parties involved not to take advantage of you?
- Do you understand the Contract provisions?
- Do you understand your inspection rights?
- Can you negotiate your repair credits?
- Do you have a fiduciary relationship with your representative?
Buying real estate, whether it will be used for your home or investment property, can be a
complicated business. There are complex legal and title issues, plus a whole new vocabulary
of unfamiliar terms to deal with. What's more, for most people, it is still the biggest single
purchase they will ever make.
With all this in mind, you may want someone on your side who is knowledgeable about this
area of law. 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
advise offers you something the average homebuyer really needs, and usually lacks-- that is,
knowledge of the subtleties and peculiarities of real estate law and the transfer of property
rights and title.
At a real estate closing, many buyers go without counsel of their own. This means, in effect,
that they are not taking advantage of all of the benefits of legal representation. For example,
before the closing, your attorney can explain the following: Your liability if assuming an
existing mortgage; the effect of any existing mortgages 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; and post-contract liability for fire and
other hazards, to name just a few.
As a matter of course, your attorney will also evaluate the legal rights you are purchasing
when you buy a home, with special attention to the following types of questions: Is the
property's recorded legal description sufficient? Do the rights include physical access to the
property? Will the title be marketable should I decide to sell or refinance the property?
As part of the job of protecting your interests, your attorney will perform a series of important
actions as appropriate to your specific transactions, such as: Obtain a title search, evaluate
the status of title, and require appropriate legal remedies to clear defects; Prepare or 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; Advise you how
title should be taken and how this affects your overall business and personal estate; Check
unrecorded municipal liens, including sewer and special assessment liens; Explain the
property tax structure; and explain any lender problems that may result from a property which
is not marketable.
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.
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