A real estate attorney protects your home sale from legal issues by addressing any challenges that may arise during the process.
A real estate attorney can draft and negotiate the contract for the sale, as well as prepare the deed, depending on your location and the level of their involvement in your home sale.
A survey from the National Association of Realtors shows that 89% of individuals who sell their homes seek assistance from a real estate agent. Besides relying on a realtor, numerous sellers also seek guidance from a real estate lawyer to enhance their selling experience. Keep reading to discover some of the ways in which utilizing a real estate lawyer can contribute to a smoother home selling process.
Let's talk about how a real estate attorney can be really helpful when you're selling a house.
1. Manage sales for owners who live in another city
Buying real estate in a city you don't reside in can be very difficult. You might not always be able to view the property in person. The laws are also not the same as those in your native state. A local real estate lawyer will be familiar with the state, county, city, and municipality's rules and regulations. He can help you with this.
Similarly, selling your property will be extremely challenging if you don't reside in the city where it is located. Therefore, you can get assistance with this from a real estate lawyer and agent. Speak with trusted halifax based real estate lawyers to enrich your home selling experience.
2. Overcome barriers in a short sale or foreclosure
If you're in financial trouble and considering a short sale or foreclosure, a real estate attorney (together with your estate agent) is one of the experts who can negotiate with your lender on your behalf.
They will give records and documents to establish your financial insecurity, as well as ensure that this information is up to current so that you can close. An attorney will also be familiar with your state's requirements for short sales and foreclosures. Mark, a real estate attorney in Florida, says he assisted in the resolution of one case in which the executor of a woman's estate failed to pay the bills, causing the property to go into foreclosure.
3. Resolve disagreements or disputes about paperwork
Deed issues or titling are equivalent to delayed contracts. Resolving issues with records that were improperly created or documented years ago can be among the trickiest.
One frequently encounters the issue of open permits. To solve this problem, a real estate attorney can facilitate the acquisition of appropriate electrical and plumbing certificates from the building inspector, and obtain a certificate of completion to enable the closure of the sale.
A permitting issue does not always arise when conducting a regular records search. Occasionally, the buyer conducts a survey inspection and compares the physical property with the survey. If the survey does not include a rear deck, it raises the concern of whether any construction was appropriately permitted. Hence, a real estate attorney can be vital in this whole process.
4. Drafting the documents and closing the deal
A real estate lawyer can assist the seller in creating the terms of their sale and, if applicable, examining a listing agreement. Also he can assist the seller in the event of counteroffers and handling any tax ramifications.
He can help the seller in going over every document, such as the power of attorney, the deed, and the buyer's attorney's proposed settlement statement.
He can also arrange the closing dates and, if required, putting together a certificate of satisfaction to demonstrate that the seller has settled any outstanding debts with lenders. This certificate is only kept on file following the closure.
5. Protect seller's interests ultimately
Every piece of land or property is different, so if you talk to a real estate lawyer, they can help you think about everything involved. These seven situations are some of the trickier and more complicated parts of buying and selling property. If you come across one of them, you don't have to figure it out by yourself.
Just like you trust your real estate agent to help you with buying or selling a house, agents also need someone they can trust when things get tricky. A house is a really important investment for many people, and that's where a real estate attorney comes in. They give both the agent and the buyer or seller a sense of comfort and security.
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