The Real Estate Transaction in Brief
Once an owner decides to sell a property, he or she generally lists the property with a real estate broker. After the property is listed, a “buyer” will make a formal offer that is secured by a deposit. If the property owner accepts the offer, a contract, which is usually prepared by the buyer’s realtor, sets forth the rights and obligations of both parties with regard to the sale of the property. That contract is subject to a three-day attorney review period during which either buyer’s attorney or seller’s attorney can disapprove the contract and terminate it or begin to negotiate changes to it. Once the changes to the contract are successfully negotiated or the three days pass without the contract being disapproved, the contract becomes binding.Why Hire a Real Estate Attorney?
Hiring an attorney guarantees that you will receive an expert, unbiased explanation and evaluation of the contract. Your real estate attorney will work to negotiate fair and reasonable terms and will help you avoid pitfalls of which you may be unaware. You may think the contract is clear and easy to understand, but it may contain provisions that are unenforceable or that create more liability than you realize. Litigating your rights after the fact can take years and cost thousands in legal fees.
Even basic real estate transactions involve potentially complicated contractual issues. I create value for my clients by bringing years of experience and attention to detail to every deal, no matter how large or small. The goal is to close your real estate transaction as you planned, while protecting against problems that may arise in the future. As they say, “an ounce of prevention is worth a pound of cure.” Call me if you’re planning on buying or selling property in New Jersey, I can help safeguard your investment.
Purchasing a Home
Purchasing a home will be one of the single largest monetary investments of your life. Don’t settle for just anyone. I personally handle all contract negotiations/reviews, home inspection issues and all aspects of the sale of your home.
Selling Your Home
The sale of your home can be a very intimidating experience. The obvious issues facing sellers don’t involve the services of attorneys. Packing, moving and unpacking should be enough for anyone to worry about. I will assist you in all aspects of the sale.
The following are just a few of the issues facing the “typical” real estate seller:
- Negotiating the terms of the Contract of Sale.
- Procuring the Municipal Certificate of Occupancy (not required in every municipality);
- Procuring a Smoke Detector/Carbon Monoxide Certificate;
- Negotiating home inspection issues/repairs with buyers;
- Clearing any and all title issues arising from the examination of the homes title search;
- Preparation of all title transfer documents; and
- Computation of adjustments for items such as real estate taxes; the New Jersey Realty Transfer Fee and other municipal services such as sewer and water.