Tag Archives: a real estate attorney

Hire a Real Estate Attorney | Home Buying | Title Insurance

slide_6Buying a home is a complex process and in order to ensure your future investment is a secure and legal, hiring a real estate attorney to handle the purchase of your home should be considered.

Many times a home buyer may seek counsel from a title agency or realtor. In fact, Florida does not require you to hire an attorney for a title closing like many states. While that may be the case in Florida, those using a real estate or title agent alone need to be aware of the risks involved.

The Law

A title company or realtor may not advise you legally regarding any matters related to your home purchase. The process of purchasing a home is complex and a company that you hire should be able to provide you with legal direction and abide by state ethical standards; these qualities cannot be upheld simply by a real estate agent.

What is Title Insurance?  

Title insurance is a rarely understood protection necessary when purchasing a new home or property. Contrary to other forms of insurance that protect against future loss or damage, Title Insurance protects against past events that may cause loss or damage after the purchase of new property due to a failure or defect of the title.

For instance, when purchasing Title Insurance, the title company will conduct a search of public land records to discover potential matters affecting the title of the property. Common issues include: improperly prepared deeds, open mortgages, wills, probate proceedings, outstanding judgments or tax liens against the property or individuals, covenants and restrictions, and easements. After the records search, the buyer is then issued the Title Insurance.

While the records search conducted by the title company is generally exhaustive, many problems can still exist and affect the validity of the title. Disputes can still arise due to mistakes in the public record, previously undisclosed heirs claiming to own the property, and fraud…. These hidden hazards do exist, and Title Insurance will protect you against these potential problems and pay for any legal fees involved in defending a claim.

Real Estate Agents

Real estate lawyers are obligated by law to fully disclose legal options for the home buyer, unlike realtors or title companies that are prohibited from giving legal advice without a license to practice law. The comfort of knowing your best legal options when purchasing a home may be a big factor for overall security and peace of mind.

An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.TAMPA-LAW-FIRM, CHRISTIAN-LAWYERS, CHRISTIAN-ATTORNEY, BLICK-LAW-FIRM

It is important to not only seek a title company for protection when purchasing a new home, but also making sure that the title company has an experienced and competent real estate attorney.

A real estate lawyer that handles and serves clients in title services is able to take legal action as needed to protect clients from any future problems that may arise. An attorney can properly analyze your housing situation to handle any issues, insuring you and your loved ones a secure real estate closing for your new home.

Educate Yourself

A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.

imagesFirst, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.

Following the opening of an escrow account, the buyer then needs to take 5 necessary steps to protect their interest in the home. These 5 steps are as follows:

  • Completing a Title search
  • Purchasing Title Insurance
  • Completing a Home inspection and Pest inspection
  • Negotiating the Closing costs; and
  • Locking the interest rate of the mortgage.

These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process.

At Blick Law Firm we provide title insurance and escrow services to clients throughout the entire State of Florida. Call us today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!

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Why hire a real estate lawyer?

In the past, it has been thought that a real estate agent is the only other team member you need while selling or purchasing your property.  A third member, just as necessary as the agent, is a real estate lawyer.

While the real estate agent can assist you with the logistics of selling/buying, along with negotiating a price and closing date that is right for you, Attorney Michael Blickensderfer can review any offer you make or receive and make sure that your rights are protected and your duties clearly defined.

You may benefit from hiring a real estate attorney to assist you with the process.

If you’re buying a home, Blick Law Firm can:

  • Help you understand the purchase contract, including how you will take title on the property.
  • Check that there are no covenants, easements, liens, etc. registered against the property that will impede your use of it.
  • Prepare and register all the legal documents.
  • Clarify the terms of the mortgage and work with your bank, if necessary, to modify them.
  • Scrutinize the adjustments, including taxes owing and utilities costs paid, prior to the transaction closing.
  • Oversee the closing and review all the papers you will be required to sign.
  • Arrange title insurance protection to protect you from losses due to title defects.
  • Ensure you receive a valid registered ownership subject only to the liabilities you have accepted.

If you’re selling a home, Blick Law Firm is able to:

  • Review the binder and review or prepare the purchase and sale agreement, including negotiating its terms.
  • Prepare the deed and power of attorney if necessary.
  • Deal with title issues as they arise and help correct them.
  • Oversee the closing and review all the papers you will be required to sign.
  • Arrange for transfer of security deposits.
  • Arrange for insurance certificates if needed.

Hire a Tampa real estate attorney who understands not only the standards, but the law, that must be met.

Although many legal forms used in real estate are similar, binder or purchase and sale agreement forms vary from state to state. Get the help you need today.

Further, some title insurance companies and mortgage lenders require you to use a lawyer to ensure that, among other things, the title is good, there are no liens against the property and that the deal will close as expected.

If you’re ready to make or accept an offer on a property, call Blick Law Firm today and ask to speak to our real estate team.  *You can still sign the offer with the contingency that you want Michael to review first.

Other services: short sale negotiation, foreclosure defense, probate and wills, bankruptcy.

Think quick, call Blick! 813-931-0840

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