Buying or selling a property is a complicated undertaking. Real estate transactions are multilayered, and rife with potential pitfalls for the uninitiated. We have represented clients in buying and selling residential and commercial property. We can help you handle the nuances of a real estate transaction.
When a property changing hands, the buyer, the seller or both may retain an attorney to represent their interests. Although many buyers/sellers rely on the standard form California Residential Purchase Agreement and Joint Escrow Instructions, or the California Commercial Purchase Agreement and Joint Escrow Instructions, or the AIR CRE Contracts, there is no “one size fits all” real estate transaction. Even these forms provide a variety of different provisions and terms that must be understood and negotiated in order to fully protect your rights and uncover latent liabilities.
We will draft, review, negotiate purchase agreements and leases to ensure that our clients enter the transaction eyes wide open, on fair and reasonable terms. Although many buyers and sellers rely on their real estate agent, the agent is being compensated only upon a closing and therefore, as a matter of fact, does not have solely your interests in mind.
Title documents are also an extremely important item that may fall within the purview of a real estate attorney. Your attorney will be able to review evidence of title to ensure that the title to the home is “clean,” in other words, free from easements, liens and similar encumbrances. A real estate attorney can also make arrangements as to how title will be transferred, and, if representing the buyer, can acquire title insurance to guard against title defects.
Finally, a real estate attorney can set up payment, facilitating the transfer of funds from a bank or some other source.
Considering the high stakes of real estate deals, it is very important to have experienced counsel working solely for your interests.