Purchase and Sale of Residence Lawyers

Authored by , LegalMatch Legal Writer

Locate a Local Real Estate Lawyer

Most Common Real Estate Issues

Purchase and Sale of Residence

Buying or selling a home is likely one of the most important financial decisions you will make. There is nothing in the law that prevents you from buying or selling your residence on your own. However, most sellers and buyers employ the services of real estate brokers and lawyers to help them navigate through the complex, and frequently confusing, world of real estate transactions.

Who Are Real Estate Brokers?

A real estate broker is a person who helps you buy or sell your home. Both a buyer and seller of residential real estate can benefit from a broker. Examples of how having a broker can be beneficial include:

What Is a Listing Agreement?

A listing agreement is a contract between you and the broker that creates the obligations and rights of the business arrangement. It is wise to consult with an attorney before signing any legal document or contract. in order to make sure that your interests are represented and protected. The listing agreement usually provides:

Disclosures About the Property

The seller is usually required to make specific disclosures about the property to potential buyers. These include:

Encumbrances on the Property

An encumbrance on the property is something that may prevent a buyer from taking the legal title or possession of the property. They can include easements, encroachments, and other kinds of boundary and title disputes. Most encumbrances are recorded at the county recorder's office.

Mortgages and Liens

Sometimes, a piece of property can be sold subject to a mortgage or other financial lien. A buyer can check whether a piece of property has a lien or mortgage by doing a title search through the county recorder's office. If you do not want to check yourself, a title insurance company can check for you and inform you of any such encumbrances on the property.

A buyer may not have enough cash up front to pay the entire purchase price for a piece of property. In this type of situation, a financial institution may be able to lend the buyer the purchase money in exchange for attaching a mortgage to the property.

Do I Need a Real Estate Attorney if I Want to Buy or Sell a House?

A real estate attorney can guide you through the process and help you negotiate a deal that is right for you. An attorney will also review listing agreements with brokers, offers, and purchase contracts before you sign them to make certain that your requests are met. Finally, a real estate attorney can advise you on financing the house of your dreams.

Vea esta página en español: Compra y Venta de la Residencia o visita Abogados-Leyes.com para más información legal.

Consult a Lawyer - Present Your Case Now!
Last Modified: 04-16-2014 10:05 PM PDT

Find the Right Lawyer Now

Did you find this article informative?

Link to this page

Law Library Disclaimer

Purchase and Sale of Residence Lawyers, real estate transactions,county recorder office,california real estate,real estate,listing agreement,property law,material defects,intellectual property,criminal law,county recorder,property buyer