Real Estate

Residential Real Estate

Our team of lawyers is able to assist home buyers and sellers in the difficult processes associated with a residential real estate transaction.  People often believe that they do not need an attorney if a real estate agent is involved.  However, real estate agents are experts in marketing – assisting a seller in finding a buyer for a home, or assisting a buyer by finding a home that meets their requirements.  They are not legal experts, and they cannot provide legal advice.  Our attorneys are skilled in ensuring that many issues are taken into consideration that are not typically addressed in the forms used by real estate agents. The most important time to involve an attorney is during the process of negotiating an Offer, since you will be bound by the terms of the Offer once it has been accepted by all parties.

Both buyers and sellers need to remember that their purchase or sale of a home will likely be the biggest financial transaction that they make during their lifetime.  Therefore, the advice we can offer to either side of the transaction can be very important in protecting the interests of that client while still facilitating the ultimate objective of closing the transaction.

For Sellers

For sellers, we help educate our clients regarding what they should expect during the sales process and provide them the forms they need before placing their home on the market.   In the event that the homeowner decides to attempt to sell their home without listing the property with a real estate agent, this advice can be invaluable; the law requires certain disclosures by sellers, and failing to do so properly can not only have a negative impact on the opportunity to sell and close the sale of their home, but can also result in significant liability for the seller.  Even if a homeowner decides to use the services of a real estate agent to sell their home, the assistance of an attorney is invaluable, as we are available to review the listing forms, along with each Residential Offer to Purchase that the seller may receive, and then advise the client regarding the pros and cons of the Offer.  Our attorneys strive to ensure that the seller’s interests are fully represented while doing our best to make the sale happen.

For Buyers

For buyers, we can give advice regarding the essential terms of an Offer to Purchase.  Even if a real estate agent is involved on behalf of the buyer, we strongly urge that you have any attorney review the Offer before it is signed by the buyer and submitted to the seller.  As mentioned earlier, once you have an accepted Offer, you are bound by the terms of the Offer whether or not the terms are favorable to you.  If no agent is involved, an attorney is invaluable in explaining the process and helping the buyer negotiate and draft the Offer.  Regardless of whether an agent is involved, we are available to assist the buyer with the steps that need to be taken to finalize the transaction and to resolve any disputes that arise in connection with the satisfaction of contingencies.

We assist both buyers and sellers with the closing of the transaction.  This involves reviewing all of the documents prior to the closing to ensure that they are accurate, explaining the documents to the client, and reviewing the settlement statement to ensure that all of fees associated with the transaction are paid and that each party is paying their appropriate amounts.  In addition, we are able to review the title commitment to ensure that no title issues exist and ensure that the clients are getting as much protection from the title insurance as possible. We will attend the closing if our client wishes us to accompany them, although this is sometimes unnecessary.

In certain cases, a party who has an accepted Offer to Purchase no longer wishes to purchase a property or sell a property.  In such situations, we can advise the client regarding his or her rights and obligations in connection with the Offer, determine if the client has a valid reason for terminating the Offer, and assist with the termination of the Offer.