Real Estate
For most people, the purchase or sale of their residence is an exciting
and emotionally charged transaction. Competent legal representation is
an important component of any successful sale.
What does (or should) my real estate attorney actually do?
Real Estate attorneys perform many functions. Although some of these services
are not readily apparent or even discussed with clients, they can have
dramatic implications for a home seller or buyer.
Among other things, your real estate attorney should:
- Review your real estate contract, compare the contract’s terms
to local standards, advise you on the risks associated with the
transaction and suggest modifications to the contract that would be appropriate
to your circumstances;
- Demand and negotiate repairs and/or purchase price credits for defects
found after inspection and make sure that those repairs are made
in a satisfactory manner;
- Ensure compliance with the applicable requirements of the subject municipality
including inspections, transfer tax reporting, zoning and others;
- Keep you on track to performing all contractual requirements in a timely
manner including the payment of earnest money, repairs, closing
date and others;
- Procure, analyze and clear a commitment for title insurance, including
obtaining a waiver of all title exceptions raised;
- Procure, analyze and deal with problems associated with a reliable
survey of the property;
- Ensure that the other party has complied with all contractual requirements;
and
- Preparation and/or review and approval of all closing documents.
Most real estate transactions involve hundreds of thousands of
dollars. Experienced real estate attorneys are an important part
of limiting your risk of loss. For example, an experienced attorney
will know when a radon test is advisable, or when a Phase 1 inspection
should be made, or whether mold remediation should be demanded.
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