Real Estate Law
Closings and Disciplinary DefenseA Real Estate Attorney Helps to Protect Your Assets
Having legal counsel makes good business sense because of the complexities that come with real estate transactions, both residential and commercial. An experienced real estate attorney can help to protect your interests. They ensure that your transaction adheres to the applicable rules of your state and municipality. That way, the closing process can work to the satisfaction of all involved.
Anne Weintraub’s depth of experience with real estate matters allows her to collaborate with co-counsel attorneys and oversee your closings and real estate discipline cases.
Real Estate Closings
Contracts
An attorney can negotiate on your behalf and make sure that the contract adheres to all state laws. It is usually best to proactively address any specific issues that might affect the future use of the property.
Title Searches
The purpose of an efficient, thorough title search is to ensure that the property is free of any encumbrances, such as liens or judgments. This will reveal whether the seller has the legal right to sell the property. If the search uncovers something problematic, we counsel you on how to proceed. Then we can secure proof that judgments or liens have been resolved which is important if you ever plan to obtain a mortgage or loan against the property.
Property Transfers
Contract preparation and the ensuing negotiations are complicated when one or more parties are corporations, trusts, or partnerships. An attorney can ensure that the contract is consistent with the law and the partnership’s, trust’s, or corporation’s charter agreements.
Filings
Real estate deeds should be filed quickly and properly at the county and state levels as required. If your plan is to build, the transaction might involve property in an area where certain types of construction are not allowed. An attorney can navigate the maze of state regulations so that you can complete the transaction.
Why Might You Need an Attorney for a Closing
Consequences of failing to file the appropriate documents at the state or the county level may be:
- If a deed is not transferred correctly, it could lead to income or estate taxes for buyers and sellers.
- If building permits are not filed on wetlands, certain structures may have to be rebuilt, or owners may incur fines.
- If it is a commercial transaction, and the business is not correctly registered at the state level, the business might be forced to close.
Inspections and Title Clearance in Selling Property
An attorney minimizes the risk of the seller being sued by the buyer for failure to disclose certain information by reviewing the home or building inspection and disclosing relevant facts about the property to the other party. It is important, as well, to clear the title to the property, and ensure you are not violating a corporate charter, or some other governing regulation or document.
Real Estate Professional Discipline Cases
When the Florida Real Estate Commission or the Florida Real Estate Appraisal Board choose to discipline a realtor or appraiser, there may be an opportunity to dispute the sanctions.
If you are facing this type of situation, click here for more about your defense.
Schedule a Consultation
Information shared here will identify the core issue, urgency, and a framework to understand how to proceed. You benefit from keen analysis and a plan.
Move Toward a Solution
Some issues are less complex than others. Whatever you face, your path will be supported by frequent communication and complete attention to the details of your case.
Know You Are Fully Supported
Anne Weintraub will remain by your side and at your disposal until your situation is resolved. There is no better feeling than knowing someone has your back.