| Real Estate and Real Property
Purchasing or leasing real estate, regardless of size or value, is a serious property and financial investment.
The time to consult with an attorney is during the planning and preparation stage, before you sign a real estate listing agreement with a realtor, and
before you enter into a purchase and sale agreement, earnest money agreement, lease or rental agreement. Questions concerning easements, licenses, boundaries,
encroachments, trespasses and contamination need to be investigated and addressed before entering into a real estate contract, promissory note and deed
of trust, or lease with option to purchase.
Business and commercial
property acquisitions or leasing involve complicated commercial arrangements such as negotiating payment terms, balloon payments, interest rates, tenant
improvements, and triple net charges. Know what these terms and provisions, and the documents in which they appear, actually mean, and make sure there
are no hidden charges.
When dealing with real property, an ounce
of prevention is worth a pound of cure. The sooner you talk with an experienced real estate attorney, the less likely you are to face a lawsuit
or litigation. The more you know before entering into a transaction, the better prepared you are for acquiring the premises, and reaching your desired
goals, with respect to where you live, raise your family, conduct your business and earn your livelihood. How will you foreclose and reacquire your
property or premises in the event a purchaser or tenant quits paying or goes into default? Have you, and the documents you use, completely protected
you should there be the need conduct a forfeiture, foreclosure or eviction?
A purchaser or seller of real estate needs to know what is contained in, and meant by, a title search, preliminary commitment
for title insurance, disclosure statement and title insurance policy. Our attorneys can explain the content and meaning of these legal documents, and
the necessity for the various steps in the real estate conveyance and transfer processes. You will understand why there are closing costs, real estate
excise taxes, real estate commissions, earnest money and damage deposits, and why some costs are refundable and some non-refundable. Have you considered
the real property taxes, and if there are deferred taxes that must be due on sale?
Your most important asset, the family home, needs to be protected from forfeiture or increased interest rates and penalties
in the event of a temporary loss of income. You need to know what a lender or seller can and cannot do if installment payments have to be paid late
in emergency circumstances. Landlords and renters need to know how the Landlord and Tenant Law applies to their circumstances.
Prompt and experienced legal representation with regard to purchase and sale
agreements, rental agreements and lease agreements, boundary disputes, easements title disputes, promissory notes, deeds of trust, conveyances, assignments,
eminent domain, private roads, survey issues, encroachments, trespasses and all aspects of real estate and real property law questions is just a call
or click away.
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