Why Is Having A Lawyer Important?
Home buyers and sellers might believe a lawyer is not necessary to sell or purchase a home. Many transactions are indeed completed without a hitch. However, flaws in the transfer of deed, missing heirs, forgeries, or undiscovered liens against the property can derail the deal or lead to future hassles. Title insurance does not fully protect you against all legal disputes. And only licensed attorneys are qualified to address legal issues that arise. We represent buyers and sellers, with considerable knowledge in transactions with Realtors.
The title describes the history of the ownership of the property, dating back decades or even a hundred years. A thorough title search may uncover unknown (or undisclosed) claims against the property by other parties, such as tax liens or claims by heirs of previous owners. It will also reveal any title defects such as missing records at the courthouse. Our job in title examination is to point out any discrepancies to the client, or give a legal opinion of clear title so the transaction can proceed.
Transfer of Deed
The deed is essentially a conveyance of realty. It is a written instrument signed by the seller and buyer whereby apparent title to real estate is transferred from one to another. We examine the prior deed to ensure that it is legally available for conveyance.
A trustee of an estate or other person may have signed over the deed without having the legal power to do so. We ensure that the deed is valid, or take steps to correct any errors.
The buyer, the seller, or both often retain private inspectors to conduct a home inspection prior to signing the purchase agreement. We can connect you with a home inspector, and advise the buyer and seller on how to proceed after the inspection. Our firm can draft or amend the purchase agreement to clarify who is responsible for potentially costly repairs.