For most people, the most expensive transaction you will ever make is the sale of your home. However, before you are able to sell your home, there is a process that must be followed. If using one, you will be working heavily with your real estate agent. However, my job as the attorney is to act as an extra pair of eyes to protect you and your assets during this complicated process.
I have witnessed many a legal nightmare unfold at the closing table. My job when I represent you in a real estate transaction is to tackle any contractual disputes that arise during the closing process and anticipate problems and deal with them early. Additionally, I draft the formal real estate documents that transfer your rights and ownership of the property to your buyer.
One of the most important jobs I have is to clear the title of liens and judgments. After you list your property for sale and have accepted an offer, I run a title report on the property. Some of the more common title issues I typically have to clear include trust ownership complications, deceased title-holders, unpaid balances from lenders, and property tax issues. Some title issues have a simple fix, but some can take months to clear properly. At that point, we have to disclose the issues and plan accordingly.
Another major duty reserved for the attorney is to negotiate home inspection issues with the opposing attorney. After the buyer receives their home inspection report, they may request that repairs be made, or that you provide credits at closing in lieu of repairs. That can eat up your bottom line. I negotiate and advise you the best way to move forward and to close the deal without losing your equity.
The final major job I have is to prepare all your final numbers for the transaction. I will verify your loan payoff numbers (if any) are correct and that all of your title fees are accurate. Even the smallest mistake can haunt you down the line. It is always smart to have another person, with your interests in mind, prepare and review the final sale documents and figures.
As you may have picked up by now, selling your home can be a stressful time. As with most major transactions these days, it really does pay off to have someone handling this who specializes in it. If you are selling your home and would like me to represent you, please contact us and we can get the process started.