When I represent a party in a real estate transaction, I will perform many separate functions. I can have a significant role in advising you in the following areas:
-The Brokerage Contract or Listing Agreement. If you are selling your home, I can provide advice on the terms, meaning and items included in these contracts. It is also important for buyers to be aware of the description and contents of the structure being purchased.
- The Preliminary Negotiations . While price is often paramount in the minds of the parties, there are a number of other issues such as terms of payment, mortgage contingency clauses, the status of fixtures or personal property, the risk of loss by casualty pending the closing, etc.
-The Purchase Contract. Once the parties enter into a written contract, their rights and obligations become fixed. It is the most important document in the entire transaction and will be scrutinized by me.
-The Mortgage and Financing Commitment. Interest rate and term (or length of the mortgage), while important, are not the only issues involved in mortgage financing. Points, commitment, service charges, prepayment penalties and a host of other influences are worthy of consideration and advice.
-Determining the Status of Title. This is generally the most crucial legal work in the transaction. Even if a title insurance policy is to be issued, it is critical that any limitations in the title be determined and explained.
- Eliminating Title Problems. In some in stances, if a problem exists in the title, some type of action may be available to cure the problem. It is my role to initiate or review any such action.
- Inspections. In some instances, one or more inspections, e.g., for termites, may be required or desirable. My advice can be useful in determining the scope of such inspections and the methods of dealing with any problems that might be discovered.
- Drafting of Instruments. It is the lawyer's responsibility to draft or review the necessary instruments of conveyance.
- The Closing. This is the stage at which the parties exchange executed instruments, make required payments and conclude the formal transactions. I will attend to virtually all of the details surrounding this aspect of the transaction, including alerting you in advance of the items you will need to provide, many of which are discussed elsewhere in this summary.