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Beyond the Basics: Understanding South Carolina’s Residential Property Condition Disclosure Statement

May 21, 2025/in Real Estate, Real Estate Law

When buying or selling a home in South Carolina, particularly in areas like Greenville County, the Residential Property Condition Disclosure Statement (RPCDS), sometimes referred to as the Seller’s Disclosure of Real Property Condition Report (SC) or simply the mandatory SC property condition statement, is a standard document. Mandated by the South Carolina Residential Property Condition Disclosure Act, found in SC Code Title 27, Chapter 50, its fundamental purpose is straightforward: it requires sellers to provide a written declaration regarding the condition of their property based on their actual knowledge. This statement serves as the seller’s formal declaration about known property conditions.

However, simply acknowledging the existence of this form is just scratching the surface. Many participants in real estate transactions, buyers and sellers alike, may not fully grasp this vital document’s deeper complexities and potential pitfalls.

Decoding “Actual Knowledge”: What Sellers Really Must Disclose

The cornerstone of the South Carolina Residential Property Condition Disclosure Statement, essentially a statement of known property defects SC, lies in the term “actual knowledge.” As defined by SC law (§ 27-50-40(A)), this standard dictates what a seller is legally obligated to reveal. It’s important to understand that the actual knowledge standard means precisely what the seller genuinely knows about the property’s condition at the time of disclosure. It does not extend to what they should have known, might suspect, or could have discovered through their own investigation or inspection. The law imposes no affirmative duty on sellers to inspect their property solely for the purpose of completing the disclosure statement.

Coupled with this is the requirement that all disclosures must be made in “good faith.” This legal principle translates to honesty in fact – the seller must be truthful and sincere in the statements they make on the form. It reinforces the idea that the seller affirms actual knowledge, or lack thereof, without intent to deceive.

But what kind of information requires disclosure? The focus is on “material” defects. A material defect is generally understood as a condition that could significantly impact the property’s value, affect the health or safety of occupants, or influence a reasonable buyer’s decision to purchase the property or the price they are willing to pay.

Obvious issues, sometimes called patent defects, might be readily apparent, but the seller’s duty to disclose particularly concerns latent defects – hidden problems not easily discoverable through a standard visual inspection. Examples of material defects extend beyond major structural failures and can include:

Recurring drainage or water intrusion problems, even if intermittent.
Knowledge of past significant structural repairs, even if deemed successful.
Unpermitted additions or major alterations that may not comply with building codes.
Persistent issues with major systems like HVAC, plumbing, or electrical, despite previous repair attempts.
Known presence of environmental concerns like mold history or high radon levels.

Sellers face risks when using ambiguous language on the disclosure form. Simply checking “No Representation” for an item might seem like a safe harbor, but if the seller possesses some actual knowledge related to that item, however incomplete, choosing “No Representation” instead of disclosing what is known could potentially be viewed as misleading. Honesty, in fact, requires disclosing what is known, even if it’s limited. Failing to accurately represent known conditions can undermine the purpose of the disclosure and potentially lead to disputes.

Common Seller Pitfalls: Where Disclosures Often Go Wrong

While the Residential Property Condition Disclosure Statement aims for transparency, sellers can inadvertently or sometimes intentionally make mistakes that lead to significant problems. These go beyond simple clerical errors and often involve substantive issues that can constitute misrepresentation, omission, or even concealment.

Here are some frequent substantive mistakes sellers make:

Minimizing Known Issues: A seller might acknowledge a problem but downplay its severity or frequency. Describing recurring water intrusion in a basement as a “minor leak” that only happens in “heavy rain” when it’s actually a more persistent issue is a classic example. This lack of candor can mislead buyers about the true extent of the defect.
Confusing Repairs with Cures: Disclosing that a repair was made is necessary, but it’s equally important to disclose the underlying chronic issue if the repair didn’t fully resolve it or if the condition itself is prone to recurrence. For instance, mentioning a foundation crack was patched is incomplete if the seller knows there’s ongoing settlement causing the cracking. The disclosure should reflect the known history, not just the latest fix.
Misinterpreting Form Questions: The disclosure statement contains specific questions about various property components and conditions. Sellers might genuinely misunderstand a question’s scope or technical terms, leading to inaccurate answers. It’s important for sellers to read carefully and seek clarification if unsure, rather than guessing.
Forgetting Past Problems: Significant issues from the past, even if seemingly resolved, often need disclosure. A major mold remediation project years ago or a previous termite infestation requiring extensive treatment are typically considered material facts. Neglecting to include these in the “Known Issues List” can be a critical omission.
Over-Reliance on Agent Advice: While real estate agents provide valuable guidance, their advice doesn’t replace the seller’s personal responsibility to ensure the disclosure is accurate based on their own actual knowledge. Agents cannot know what the seller knows unless told. Sellers should not assume their agent will handle the disclosure perfectly without the seller’s careful review and input. Relying solely on an agent is an agent advice limitation sellers must recognize.
The “As Is” Misconception: A prevalent misunderstanding is that selling a property “as is,” often formalized with an addendum like the South Carolina Association of Realtors (SCR) Form 311 (“As Is” Addendum), eliminates the seller’s legal duty to disclose known material defects on the RPCDS. This is incorrect in South Carolina. The statutory duty to disclose known defects persists even in an “as is” sale. Failure to disclose known defect remains a potential source of liability. Seller’s honesty is paramount regardless of the sale terms.

Avoiding these pitfalls requires diligence and a commitment to good faith disclosure from the seller.

Buyer Beware 2.0: The Disclosure’s Limits and the Power of Inspection

While the South Carolina Residential Property Condition Disclosure Statement provides valuable information directly from the seller, it is absolutely vital for buyers to understand its limitations. Misplaced reliance on this document alone can lead to unpleasant surprises after closing. The RPCDS is fundamentally not a warranty or guarantee of the property’s condition. It is merely a statement reflecting the seller’s current actual knowledge, as discussed previously.

The triple (Disclosure Statement, is not, Warranty or Guarantee) encapsulates this key point.

Therefore, comprehensive buyer due diligence, including careful review of the seller’s “word” on the disclosure, is paramount. Buyers should never depend solely on the seller’s disclosure when assessing a property. The most critical tool in a buyer’s arsenal is the independent, professional inspection. Engaging qualified inspectors is not just recommended; it’s essential for uncovering potential issues the seller may not know about or may have failed to disclose accurately. This includes:

General Home Inspection: A thorough examination of the structure, roof, foundation, electrical, plumbing, and HVAC systems.
Termite/Wood Destroying Insect Inspection (CL-100): Often required by lenders, the official South Carolina Wood Infestation Report (CL-100 or “termite letter”) identifies visible evidence of active or past infestations and related damage.
Radon Testing SC: Radon is a naturally occurring radioactive gas common in many areas, including parts of South Carolina. Testing is the only way to know if levels are elevated.
Septic Inspection: If the property uses a septic system, a specialized inspection is needed to assess its condition and functionality.
Well Water Test: For properties with private wells, testing ensures the water is safe and the system is operating correctly.
Specialized Inspections: Depending on the property’s age, type, or specific concerns raised by the initial inspection or disclosure, further evaluations by structural engineers, environmental assessors, or other specialists might be warranted.

A savvy buyer, often guided by their real estate agent, uses the seller’s disclosure statement strategically. It serves as a starting point, highlighting areas that warrant closer scrutiny during the professional inspection process. If the seller discloses a past roof leak, the inspector will pay particular attention to that area. If the seller checks “No Representation” regarding the septic system, it underscores the importance of the buyer obtaining their own septic inspection.

When Disclosures Fail: Understanding Liability, Remedies, and Disputes

Despite the legal framework requiring honest disclosure, situations arise where the South Carolina Residential Property Condition Disclosure Statement is inaccurate or incomplete, leading to disputes between buyers and sellers. Understanding the potential seller liability SC and the available remedies is essential when disclosure failures occur. The consequences for a seller depend heavily on the nature of the misstatement or omission.

The spectrum of liability can range significantly:

Innocent Mistake: If a seller makes an unintentional error on the disclosure without negligence, the buyer’s recourse might be limited, especially after closing. Pre-closing, a material mistake discovered might allow for contract termination if contingencies permit, or renegotiation.
Negligent Misrepresentation: This occurs when a seller makes a false statement carelessly or without a reasonable basis for believing it to be true. If a buyer relies on this misrepresentation and suffers harm, the seller can be held liable for actual damages – typically the cost to repair the defect or the diminution in the property’s value caused by it. (Misrepresentation, leads to, Seller Liability).
Fraudulent Misrepresentation/Concealment: This is the most serious type of disclosure failure. It involves an intentional act by the seller to deceive the buyer, either by knowingly making a false statement about a material defect or by actively hiding (concealment) a known material defect. Proving fraud requires showing the seller’s intent to deceive. If fraud is established, a buyer may recover actual damages and potentially punitive damages, which are intended to punish the wrongdoer. In some rare and complex cases, fraudulent misrepresentation might even form the basis for rescission rights, allowing the buyer to undo the sale post-closing, although this remedy is difficult to obtain.

When a buyer discovers a potential disclosure issue, their available remedies depend partly on timing:

Pre-Closing: If a significant discrepancy is found before the sale is finalized (often during the inspection period), the buyer typically has more leverage. Options may include: renegotiating the purchase price, requesting the seller make repairs, or terminating the contract if a relevant contingency (like the home inspection contingency) allows.
Post-Closing: Discovering a defect after the sale is complete complicates matters. The primary remedy is usually a lawsuit seeking monetary damages. As mentioned, pursuing rescission is uncommon and challenging.

Disputes arising from alleged disclosure failures are often addressed through mechanisms outlined in the purchase contract. Common approaches include direct negotiation between the parties (and their agents or attorneys), mediation (a facilitated negotiation process often required by contract before litigation), or ultimately, litigation in the South Carolina Circuit Court. A breach of contract real estate SC claim might also arise depending on the specific contract terms and the nature of the disclosure failure.

The Exemption Maze: Nuances in Specific Situations

While the South Carolina Residential Property Condition Disclosure Act mandates disclosure for most residential sales, the law (specifically SC Code § 27-50-30) carves out several specific exemptions. The triple (Law, specifies, Exempt Transactions) highlights this statutory basis. Sellers involved in these exempt transactions generally have no legal duty to provide the standard RPCDS form; the triple (Exempt Seller, has no duty to, Provide Disclosure Statement) reflects this general rule. However, navigating these disclosure exemptions

Let’s examine some common exemptions and their intricacies:

Transfers by Fiduciaries (Estates, Trusts, Guardianships): When property is sold as part of estate administration, by a trustee, or by a guardian/conservator, the fiduciary is typically exempt from providing the RPCDS. This makes sense, as the fiduciary often lacks personal, actual knowledge of the property’s history. However, this exemption doesn’t necessarily absolve the estate or trust itself from potential liability for known latent defects if that knowledge existed within the entity (e.g., the deceased owner knew of a major issue). Furthermore, fiduciaries still have general common law duties of care and loyalty. While specific estate sale disclosure duties regarding the form are waived, intentionally concealing a known major defect learned during administration could still potentially lead to fiduciary liability or trustee disclosure duties issues outside the scope of the RPCDS statute.
New Construction (Never Inhabited): Transfers of dwellings that have never been inhabited are exempt. The focus here shifts from seller disclosure to builder warranties (implied or express) and South Carolina’s laws regarding new construction defect liability. If significant latent defects appear shortly after the buyer moves in, the recourse is typically against the builder, not based on a failure to provide the RPCDS.
Foreclosures and REO (Real Estate Owned by Lender): Properties transferred pursuant to a foreclosure sale or subsequently sold by the lender (REO) are exempt. These are almost always sold strictly “as is.” Buyers assume significant risk regarding condition. An interesting legal question, though less settled, is whether a lender who gains actual knowledge of a serious defect while holding the REO property might acquire some common law duty to disclose it, even without the statutory RPCDS obligation. This foreclosure REO disclosure area remains complex.
Transfers Between Certain Family Members/Co-owners: Transfers between spouses resulting from divorce decrees, or between one or more co-owners, are exempt. While legally permissible, skipping disclosure in an inter-family property transfer, especially if significant value is exchanged or one party is buying out another, can sometimes lead to future disputes. Voluntary disclosure, even if not legally mandated, can promote transparency and prevent misunderstandings down the line.

The Seller’s Continuing Duty: Amendments Before Closing

A seller’s obligations regarding the Residential Property Condition Disclosure Statement don’t necessarily end once the initial form is delivered to the buyer. South Carolina law imposes a continuing duty on the seller to ensure the disclosure remains accurate up until the closing date. This duty to amend disclosure SC is explicitly stated in SC Code § 27-50-40(C).

This legal requirement mandates that a seller must promptly update the disclosure statement information if they become aware of any material inaccuracy in the RPCDS after it has been given to the buyer but before the transaction closes. This duty also applies if the disclosure becomes inaccurate because of some action or occurrence. Essentially, if something changes or the seller learns new information that makes a previous statement materially incorrect, the seller must act. The triple (Seller, must amend, Disclosure Statement) clearly reflects this obligation.

What constitutes a material inaccuracy? It refers to incorrect information about a condition that could significantly impact the property’s value or a buyer’s decision. Examples of situations triggering the need for an amendment include:

A major appliance included in the sale fails (e.g., HVAC system stops working).
A new roof leak develops after a storm.
The seller discovers previously unknown termite activity during pest control treatment.
A significant change occurs related to HOA issues or neighborhood conditions previously disclosed.

When such a pre-closing condition change occurs or a material inaccuracy is discovered, the seller typically needs to formally amend the RPCDS. The process usually involves:

Updating the original disclosure form or preparing a separate amendment document clearly stating the change or new information.
Signing and dating the amendment.
Promptly delivering the amended disclosure to the buyer or the buyer’s agent.

The receipt of a significant amendment by the buyer can have substantial implications. Depending on the nature of the new disclosure and the terms of the purchase agreement, the buyer might gain certain rights. These could include:

The right to conduct further inspections related to the newly disclosed issue.
An opportunity to renegotiate the purchase price or request repairs based on the new information.
Potential buyer termination rights, allowing them to withdraw from the contract without penalty, particularly if the amendment reveals a major defect they find unacceptable.

This continuing duty underscores the importance of ongoing seller vigilance and communication throughout the transaction period. Failing to amend the disclosure when required can lead to the same types of liability (negligent or fraudulent misrepresentation) as providing inaccurate information on the initial form.

Navigating Disclosure Complexities in South Carolina Real Estate

The South Carolina Residential Property Condition Disclosure Statement, while a standard part of most home sales, carries more legal weight and complexity than many realize. Moving beyond a surface-level understanding requires grasping the precise meaning of the “actual knowledge” standard sellers must adhere to, recognizing the common pitfalls that can lead to inaccurate disclosures, and appreciating the absolute necessity of thorough buyer due diligence through independent inspections.

Both buyers and sellers must also be aware of the potential liability risks associated with disclosure failures, the specific nuances of transactions exempt from the standard disclosure requirements, and the seller’s ongoing duty to amend the statement if conditions materially change before closing.

The nuances of South Carolina’s property disclosure laws can significantly impact your real estate transaction. If you are navigating complex disclosure issues or disputes in the Greenville area, the DeBruin Law Firm provides experienced legal guidance. Call us today at (864) 982-5930 or message us online to discuss your specific circumstances.

Disclaimer: This information is provided for general educational purposes regarding South Carolina real estate law. It does not constitute specific legal advice for any particular situation, nor does it create an attorney-client relationship. Real estate laws and their interpretations can change, and the application of the law depends heavily on the unique facts of each case. You should consult with a qualified attorney for advice tailored to your specific circumstances.

AI Still Makes Things Up: Why Professionals Must Remain the Experts

April 30, 2025/in Business Law, Criminal Law, Estate Planning, Real Estate Law, Resources

Artificial intelligence is a powerful tool, a great staring point to starting a project or an article for social media, but we must remember that it isn’t infallible. We should still check to see if the information it provides is reliable.

A recent legal research experience reminded me that diligence and human judgment remain essential in the age of AI.

I recently used artificial intelligence to assist with legal research. I was working on a matter involving South Carolina property law and asked the AI to identify case law about the possibility of changing ownership from Tenants in Common to Joint Tenants with Rights of Survivorship, post death of the parties, if the deed, when signed, was signed with a misunderstanding as to type of ownership. The AI returned what looked like a legitimate and useful citation: Durham v. Blackard, 255 S.C. 202, 177 S.E.2d 601 (1970).

It even provided a case summary: (This portion is from my conversation with the chatbot)

I took out the parts where I ask it nicely to perform a function. My wife likes to make fun of me for saying please and thank you to the AI. I tell myself, politeness doesn’t cost anything, but in reality, when the AI takes over the world and comes for us, I know it’s going after the rude ones first.

“Facts: Parties sought reformation of a deed due to mutual mistake.

Holding: Reformation was allowed only upon clear and convincing evidence that the deed failed to reflect the parties’ true intent.”

Unfortunately, the case didn’t exist. There is a Durham v. Blackard, but it’s a 1993 decision involving fraudulent conveyance under the Statute of Elizabeth. It has nothing to do with mutual mistake at the time of signing the deed.

I brought up the fake case and the made-up content to the AI and it gave me another case. Creekmore v. Redick, 246 S.C. 423, 143 S.E.2d 251 (1965). The summary it produced sounded plausible and relevant, claiming the case dealt with a mistaken property description and supported deed reformation.

But once again, I could not locate any such case in South Carolina’s reported decisions. The case was simply fabricated, citation, summary, and all. Here is the AI’s response when I once again informed it that it made up a case.

“Apologies for the earlier citation errors. Upon further review, I found that the case Creekmore v. Redick does not exist in South Carolina case law. I regret any confusion caused by these inaccuracies.”

This experience underscores a reality that many professionals are beginning to discover: AI can still make things up. It will confidently produce answers that look right, sound authoritative, and might even contain accurate legal principles, but unless you already know the area well, it can be nearly impossible to spot where the technology fabricates.

This is particularly dangerous in a field like law, where the foundation of our work is truth, precedent, and precision.

Artificial intelligence can be a useful starting point for organizing thoughts, identifying issues, or framing arguments, but be cautious about trusting it to finish the job. It is not a substitute for subject matter expertise.

As professionals, we cannot blindly accept what AI gives us. We must remain vigilant, verify sources, and apply our judgment. We are the subject matter experts, not IT.

What’s on a Real Estate Closing Statement?

March 23, 2022/in Real Estate, Resources

Home sales in 2021 increased by 8.5 percent from 2020.

Each time someone buys a home, they work through many steps before closing on it. A few days before closing on a house purchase, the buyer and seller receive a real estate closing statement.

What is this statement, and what information can you find on it?

Here is a guide to help you know what a real estate closing statement is, how to read it, and the information you’ll find on it.

A Real Estate Closing Statement Is A Summary

The best way to explain a real estate closing statement is to know that it summarizes the financial details of a real estate deal.

In some cases, the firm handling the closing creates one statement that includes the information for the buyer and seller.

In other cases, they create two statements: one for the buyer’s information and the other for the seller’s information.

The closing statement summarizes all the money coming and going for the buyer and seller, and each party can read through it to see the transaction details.

The bottom of the statement shows the final amounts for the buyer and seller. It shows how much money the seller receives at closing and the amount of money the buyer must bring to the closing.

The Information Found On A Closing Statement

A closing statement crams a lot of information into one document, but here are some of the main things you’ll find on it:

The Costs For The Buyer

When reading the buyer’s statement or section, you’ll see information relating to the costs the buyer must pay for the home purchase. Of course, the main cost is the agreed-upon selling price.

Additionally, the buyer has other costs, too. For example, the buyer must pay the closing costs the lender charges. You might see multiple lines for these charges.

The buyer also pays for inspections and the appraisal, and the real estate closing statement lists each one individually. The buyer generally pays for title insurance and title services, too.

The buyer might also have to invest some money into their escrow account when closing, and this amount also appears as a debit on this statement.

The person preparing this document includes every expense the seller pays for in the deal, and they typically list these as debits.

The Credits For The Buyer

In addition to listing all the buyer’s costs for the house, the statement also lists any credits the buyer might receive. Credits reduce the cost of the home purchase, and you’ll find several of these on this statement.

For example, the buyer should receive a credit for prorated property taxes. Property taxes accrue for the year before, and the seller should reimburse the buyer for the time they lived in the home until the closing date.

The earnest money and down payment the buyer offered also appear as credits on the statement, as they reduce the amount the buyer must pay at closing.

The Costs For The Seller

Next, you’ll see a section for the seller’s costs. The seller won’t have as many costs as the buyer, but they’ll still have some expenses associated with the sale.

First, the seller must pay the balance they owe on their mortgage if they have one. This amount reduces the profit they receive from the sale.

The seller also pays the real estate commission, reducing the amount the seller receives at this appointment.

In some cases, sellers pay for some of the closing costs, inspections, and other expenses. The seller also pays the prorated property taxes, and you’ll see all these amounts on the seller’s expense column.

The Credits For The Seller

The seller also receives credits, beginning with the home’s sales price. The sale’s price might be one of the few credits you see on the statement, but there might be others in some situations.

The Bottom Line For Both Parties

At the bottom of the statement, you’ll see the bottom line for both parties.

When it comes to the buyer, they’ll add up all the costs the buyer must pay. Next, they’ll subtract all the credits. The amount they calculate after doing this reflects the amount of money the buyer must bring to closing.

The buyer may need a cashier’s check for the amount, or they might accept other forms of payment.

The bottom line for the seller shows how much the check will be for when they attend the closing appointment. They calculate this by adding up the credits the seller receives and subtracting the seller’s costs.

Therefore, the real estate closing statement shows the buyer how much to bring, and it shows the seller how much they’ll receive.

The Importance Of Reading It Before Attending The Appointment

Whether you’re buying a house or selling one, hiring a real estate attorney is an essential step you shouldn’t forego. Your attorney handles the closing work for you and ensures its accuracy.

You should receive a copy of the closing statement a few days before the scheduled appointment. When you get it, you should read it through line by line.

All the documents you sign at the closing come from the information on this one document. So if you find errors, you shouldn’t close on the deal until they fix them.

If you find mistakes, fixing them before closing is much simpler than fixing them afterward.

For example, suppose the statement doesn’t include the earnest money you paid when you wrote the offer. If this happens, you’ll pay more for the house than you should, as your earnest money reduces the amount you need.

Use A Real Estate Lawyer For Assistance

Learning about a real estate closing statement can help you prepare for buying or selling a home. Then, when you hire a real estate lawyer for help, you’ll have the legal protection and assistance you need for the sale.

If you need a real estate lawyer in Greenville, SC, contact us at De Bruin Law Firm. We can help you with any type of real estate sale!

How Can a Real Estate Lawyer Help You?

March 16, 2022/in Real Estate, Resources

About 5.8 million houses sold in May 2021. That’s 44.6% up from May of last year! Whether you plan on buying or selling this year, there are many legal variables to consider first.

You don’t have to navigate these legal complexities alone. Instead, consider hiring an experienced real estate lawyer. You can rely on their experience and expertise throughout every step of the process.

What is a real estate attorney, exactly, and what do they do? When should you hire an attorney to help? Keep reading to find out!

After reading this guide, you can hire the best real estate lawyer to help you through your next transaction. Identifying the benefits of having a lawyer at your side will help you make a more informed choice.

Read on to learn everything you need to know before buying or selling a property today!

What is a Real Estate Attorney?

First, let’s answer the question that likely brought you here: what is a real estate attorney?

A real estate lawyer can help guide you through the legal process of buying or selling property. They can negotiate the transaction and handle any disputes that occur.

Some states even require you to have a real estate attorney present during the closing process. Even if you live in a state that doesn’t require one, you might want to consider it. After all, a lawyer will have your best interests in mind every step of the way.

They can prepare and review any legal documents or paperwork in advance. They can also advise you if there are any problems or omissions in the documents. Otherwise, you might not realize there’s a problem until after the fact.

Real estate law is a matter for local and state jurisdictions. Make sure to hire an attorney with experience in the area.

You can rely on their experience and expertise to make more informed decisions before buying or selling property.

Real estate law covers selling, buying, or legal issues related to real property.

Make sure to find a lawyer who specializes in real estate transactions. They’ll understand the proper procedures you’ll need to follow. For example, you might want to ask them about:

Zoning
Titles
Estate planning
Deeds
Property taxes

These laws can vary by local or state government. Make sure to choose a lawyer licensed to practice in the state where the transaction is taking place.

Why Hire a Lawyer?

Remember, you’re required to hire a lawyer in some states. Your lawyer can help prepare or review documents before a transaction takes place. These documents can include:

Purchase agreements
Title documents
Transfer documents
Mortgage documents

They’ll also attend the closing (when money is paid and the title is transferred). They’ll make sure the transfer is legal and binding.

You might want to hire a lawyer to ensure the necessary documents are in order. They can also write insurance policies as needed. Otherwise, you might want to hire them to handle the transfer of funds for the purchase.

If you’re financing the purchase, talk to your real estate attorney about the federal HUD-1 Form. Discuss any related transfer of funds documentation for the lender, too.

Appeal to State or Lender Requirements

If you’re buying a home in certain states, you’re required to retain a real estate attorney. These states include:

Connecticut
Delaware
Georgia
Massachusetts
New York
North Carolina
South Carolina
West Virginia

State law will require you to retain a lawyer for specific parts of the transaction.

Some states require you to have an attorney to provide a title opinion. These states include:

Alabama
Louisiana
Mississippi
North Dakota
South Dakota

An opinion shows a lawyer reviewed the title abstract or examination. The document indicates they didn’t see any obstacles to the transaction.

Remember, you still might want to hire an attorney even if the state doesn’t require one. They can help if you’re dealing with a tricker type of purchase. They can also assist if there’s an issue regarding property lines.

Some mortgage lenders also require you to hire an attorney as part of the transaction.

Avoid Contractual Issues

Only 5% of all buyers choose to purchase a home directly from the owner. Before going this route, you might want to hire an attorney. Otherwise, you might encounter contractual issues and disagreements.

For example, you might encounter disputes related to:

The chain of title
Lot line problems
Other contract issues

Consider hiring a real estate lawyer if the purchase involves any out-of-the-ordinary elements. Otherwise, these elements might complicate the purchase contract.

An experienced lawyer will take the complexity of your situation into account. If any contractual issues arise, they’ll know how to respond.

Your attorney can help resolve the problem. For example, they can provide legal representation if a dispute ends up in a courtroom.

Your lawyer will gather information from both parties and try to encourage a resolution. They might hire a surveyor or title company to gather additional evidence, too.

Peace of Mind

You never know when something could go wrong. With that in mind, consider hiring an attorney before there’s an issue. Having a lawyer at your side will ensure your bases are covered.

They can provide peace of mind before a transaction goes awry. They’ll also consider your best interests every step of the way.

How to Find a Real Estate Attorney

To find the best real estate lawyer in town, turn to friends, family members, and neighbors. Start developing a list of referrals. Visit your local bar association website online, too.

Look for a real estate attorney with years of local experience in the industry. Their prior experience will give you peace of mind. They’ll have the expertise and know-how necessary to offer the help you need.

Buy or Sell With Ease: Hire a Real Estate Lawyer Today

Buying or selling property doesn’t have to feel stressful. Instead, consider hiring a real estate lawyer. They’ll protect your best interests through every phase of the process.

With their help, you can complete the transaction without unnecessary hassle.

Need help right away? We’re here for you.

Schedule a consultation today to get started.

Everything You Should Know About Real Estate Law

December 14, 2021/in Real Estate, Resources

It’s no secret that real estate properties are among the most valuable assets. Did you know that the country’s real estate market size is expected to rise by 0.4 percent in 2021?

When done right, purchasing and selling property can be a lucrative investment. You need expert guidance when making such a life-altering financial decision.

Real estate transactions should follow various regulations and principles for them to succeed. Therefore, you should understand real estate law to improve your experience when buying or selling property.

But what exactly does the real estate law entail, and what role does it play in real estate transactions? Find out more in this detailed guide:

What Exactly is Real Estate Law?

Real estate law typically governs the acquisition and use of property. The law also oversees the buying, selling, and usage of land. Its common aspects include estate planning, taxes, zoning, purchase financing, titles, and deeds.

There are various stipulations under the real estate law on the right to own and use property. These stipulations directly or indirectly cover home sellers/buyers, landlords, renters, and homeowners.

Other law domains such as contract law, inheritance law, and family law relate to real estate law. Contract law, to be precise, requires parties to seal their transactions in writing. Special family law provisions such as spousal rights in homeownership also apply to real estate law.

Federal Real Estate Laws

Four major federal laws in the US govern all types of real estate transactions. They include the Real Estate Settlement Procedures Acts (of 2011) and the Truth in Lending Act (of 1974).

These laws mandate property sellers to be transparent about their interest rates. They also give buyers a right to discard loans and lay guidelines on solving disputes brought by mortgage rates.

Dodd-Frank Wall Street Reform and Consumer Protection Act (of 2010) covers the rights of borrowers. It allows you to sue your lender if their unfair acts subjected you to huge monetary losses. This law also protects you from fine print and hidden fees charged by lenders.

Under the Fair Housing Act of 1968, you shouldn’t be discriminated against when selling or buying property. This legal framework covers discrimination against consumers’ disability, familial status, and sex. It also prohibits discrimination against religion, nationality, gender, and race.

Does Real estate Law Qualify as State Law?

Every state in the US has its laws surrounding real estate practices, procedures, and licensing. These laws tend to change due to court decrees or legislative actions. You should keep tabs on them for you to understand your rights in any real estate transaction.

Find out about the agency regulations that govern client-agent relationships in your state. Learn more about agency disclosure, buyer agency agreements, listing agreements, and dual agency. You should also check the stipulations on transactional and facilitating brokerage.

US states have different licensing laws and procedures on real estate transactions. Learn more about the fees and minimum requirements before investing in real estate.

Your local state government may have laws on land-use restrictions. Find out the board/agency that grants zoning ordinance variations and the time limits for the same.

Every state has its real estate laws on ownership rights, theories, and forms. Check whether your state recognizes liens or title for ownership. You should also find out the requirements for married couples and other special categories of buyers.

Real estate law also covers property disclosure, rent control and rights, and ownership transfer. Each segment comprises regulations that are unique to your state.

Real Estate Law in Property Transactions

A typical real estate transaction involves a broker (representing the seller), a seller, a buyer, and an attorney. The seller and broker must seal their relationship in a contract known as a listing agreement. In this type of contract, the broker may earn a certain commission if they find a suitable buyer.

An exclusive arrangement gives the broker the right to compensation even if a buyer is found without their help. The broker/salesperson must have obtained a license from the relevant state licensing agency for the transaction to be legal.

Contract law governs agreements between buyers and sellers. The agreements must be sealed in writing, while the seller should give proof of the title.

The buyer may hire a real estate attorney or a title insurance company to investigate the title’s marketability. They may also seek coverage from the insurance company for the title against losses if the title is invalid.

Real estate transactions end with the seller handing out a deed to the new buyer. A deed provides ownership transfer notice or establishes property ownership.

Real Estate Law and Lawyers

Real estate attorneys help in documenting and reviewing contracts and transactions. You’ll also need them when examining titles, insurance policies, and sale contracts.

With an attorney’s help, you’ll negotiate a contract that protects your right. The legal counsel can also revise or adjust it to fit your unique needs.

Your real estate lawyer can arrange for title insurance for your property. This policy covers any problems that occur before or after you purchased an asset.

You can count on an experienced attorney to protect your interests in a real estate transaction. They may work with brokers, developers, or other lawyers to get you a legally sound deal.

Handling foreclosure proceedings can be difficult without expert legal help. You may need this help when facing a lender that wants to recover a defaulted loan by selling or obtaining ownership of your property.

Some real estate transactions involve unpleasant legal situations that require legal representation. A real estate lawyer will expertly advise you on zoning violations, property management, and property taxes. You may count on them to reach a settlement agreement.

Hire a Real Estate Attorney Today

With these basics of real estate law, you can decide how you’d like to benefit from legal help. To get the most out of a property transaction or negotiation, you need to know your rights. Use this information when carrying out any real estate transaction.

Do you need legal help navigating the complex real estate market? Our real estate lawyers are more than willing to listen and handle your situation. We’ll respond within one business day once you submit your query.

Everything to Consider When Choosing Real Estate Lawyers

June 14, 2021/in Real Estate, Resources

There are currently over 813,900 lawyers throughout the US. If you’re searching for real estate lawyers in Greenville county, it helps to narrow down your options. Otherwise, you could struggle to find a lawyer with the experience and expertise you need.

Here are six tips that can help streamline your search. With these tips, you can find a professional, qualified lawyer.

They’ll help you accomplish your real estate goals.

Don’t hire the first real estate lawyer you find online. Instead, vet your options for lawyers using these easy tips today.

1. Look for Experience

Remember, not every lawyer you find will have the experience and expertise you’re looking for. To start your search, head online. Visit your local bar association website or the Martindale-Hubbel directory.

Then, start making a list of real estate lawyers in the area.

You can use these websites to learn more about each lawyer’s professional history. How long has each lawyer practiced law? Consider how long they’ve specialized in real estate law, too.

Choosing a lawyer who specializes in real estate law will give you peace of mind. They’ll understand the laws and procedures that are relevant to your situation. A general lawyer, on the other hand, might lack that expertise.

Ask each lawyer on your list how long they’ve specialized in real estate law. Why did they choose that specialty?

Look for someone with years of experience working in South Carolina, too. Some procedures can vary based on your location. If the lawyer isn’t familiar with South Carolina laws, they could make a mistake.

Make sure their experience is relevant to your situation, too. For example, are you buying or selling real estate? Find a lawyer with relevant real estate experience.

Otherwise, they might struggle to help you.

2. Consider Their Qualifications

Make sure every lawyer on your list is qualified to practice law in the area. Visit your local bar association website again. Confirm that each lawyer’s license is up-to-date.

Verify that they’re licensed to practice law in South Carolina. If their license is outdated, scratch them off your list.

What other qualifications does the lawyer have? For example, you might find a lawyer that’s a member of a local or national association. If they hold a leadership position, they’ve likely gained the respect of their peers.

3. Ask About Their Recent Work

As you vet your options for lawyers, keep your unique situation in mind. Remember, you’ll want to find lawyers with real estate experience relevant to your situation.

Ask each lawyer about their most recent casework. Do they usually help property buyers or sellers? What does the process entail?

Learning about their most recent work can help you determine if they can help you.

For example, your real estate agent might help:

Prepare the necessary documents for buying or selling real estate
Explain the legal terms in a purchase or sale contract
Determine defects of title (and help you recognize the best solutions)
Calculate tax liabilities associated with the sale or purchase
Negotiate with a lender
Explain the terms of a mortgage
Review any documents you’ll need to sign
Receive a deed to the property
Secure title insurance
Evaluate liens, covenants, easements, or other obligations

You don’t have to take on these responsibilities alone. If you lack experience with these tasks, you might make a mistake. Instead, talk to your lawyer.

Ask about their services. For example, do they help with quiet title actions and real estate closing? Choose someone based on the help you need.

They’ll help guide you through the process. You can leverage their years of experience and expertise in the industry. With their help, you won’t have to feel like you’re in the dark.

4. Request References and Reviews

Every lawyer will try to convince you that they’re the best in the industry. You don’t have to take their word for it. Instead, ask each lawyer on your list for references and reviews from their previous clients.

About 92% of consumers trust peer recommendations. In fact, about 54% visit a local business’ website after reading a positive review. Reading reviews can help you feel more reassured about the lawyer you choose.

You can learn more about the lawyer’s abilities from people who were once in your shoes.

Try to speak with at least three of their most recent clients. Did the client experience any issues while working with the lawyer? Would they suggest you hire someone else?

You can head online to find references and reviews, too. Check the lawyer’s Better Business Bureau and Google My Business listing. Read a handful of reviews from each site.

Finding one or two negative reviews is normal. If the bad comments outweigh the good, however, you can scratch that lawyer off your list.

5. Interview Them in Person

Try to schedule a consultation with at least three real estate lawyers on your list. Many lawyers offer free evaluation appointments. Take advantage of that opportunity to meet them in person.

Treat your consultation appointment as an interview. Have a list of questions you want to ask prepared. For example, you can ask:

What cases have you handled recently?
What was the outcome for those cases?
How long have you practiced real estate law?
How long have you practiced in South Carolina?
Have you handled a situation that’s similar to mine?
How would you approach my situation?

Ask the lawyer you speak with if they’ll primarily handle your case. They might pass you off to someone else on your team if they’re too busy.

Ask about their availability, too. You’ll want to find someone who can dedicate their time to you.

6. Compare Costs

Comparing lawyer fees can also help you narrow down your options. Ask for an itemized list of potential charges. What’s included in the contract?

Make sure to review the contract in detail before signing on the dotted line.

Start Your Search: 6 Tips for Choosing Real Estate Lawyers You Can Trust

You don’t have to hire the first real estate lawyers you find online. Instead, use these tips to narrow down your options. With these tips, you can find a reliable, helpful real estate lawyer.

They’ll ensure you accomplish your goals with ease.

Want to talk to legal counsel you can trust? We’re here to help.

Schedule a consultation with a member of our team today.

Property Ownership Disputes: How to Use Quiet Title Actions

April 27, 2021/in Real Estate, Resources

Whether there is a lien on your property or an unexpected heir comes forth claiming to be the rightful owner, there is a chance that you will have to deal with quiet title actions to clear the air about who has the greater right to the property. Title law can be confusing if you don’t understand what it is and how it works. It’s in your best interest to talk to a lawyer who specializes in title law.

Continue reading to learn everything that you need to know about quiet title actions and how they’re used to solidify a claim on a property dispute.

What Is a Quiet Title Action?

Quiet title actions are filed to 1) resolve disputes of property ownership or 2) clear liens or levies on the property. It’s considered to be a type of legal proceeding used to determine the ownership of a property. It’s a type of lawsuit brought against anyone who is trying to claim ownership.

Quiet Title Action Steps

The first step to a quiet title action claim is the filing of the claim. Once the claim gets processed, the court will issue a notice to the defendants who will be involved in the suit.

Ownership is then negotiated. If it cannot be settled, the judge will decide whose claim is more solid. The judge will give their ruling, then the updates will be updated accordingly. The new order will then be given to the title company.

What Does It Mean to “Quiet a Title”?

The term “quiet a title” means that once the owner prevails, that property owner can no longer be challenged by anyone seeking a claim of the property. It prevents future inquiries made about the rightful owner of a property. It also allows the defendant of the case to remain anonymous.

The parties involved in a quiet title action may be:

Family members of those who pass away without a will
Family members of those who pass away with an unclear or questionable will
Mortgage holders of underwater property foreclosures
Absentee property owners
Tax lien spectators

The properties involved in a quiet title action may have been in a tax delinquent status for more than five years or identified for redevelopment or reuse. The process may take anywhere from eight to ten weeks through about six months. Quiet title action cost may average thousands of dollars depending on your personal situation and the local regulations.

How Do Quiet Title Actions Work?

When a quiet title action is uncontested, the claimant receives ownership and it solidifies their claim to the property. The county records are then updated to reflect these changes to the property.

However, when a quiet title action is contested, the claimant must go to trial. The trial will determine who has the strongest claim to ownership of the property. The Master of Equity will then extinguish the previous rights of the defeated party’s ownership. They update the county records and “chain of title” (or “chain of history”) to show the new and/or current ownership.

A quiet title action may be necessary when you’d like to purchase a house or property that is currently unoccupied. It’s important to determine if there are possible heirs, lien holders, or lessees that may come out of the woodwork and potentially cause a problem.

You might encounter quiet title actions when the ownership of a property is defective. This includes record errors, fraud, liens, probate, and foreclosure.

Record Errors

Human error attributes to errors in property ownership documents because automated services are just beginning to track this information. Mistakes like this can put property owners in a difficult situation.

Fraud

Fraudulent behavior resulting in the forging of a title deed for a property as a way to intentionally deceive others. In some cases, forged documents have led to the illegal sale of a property.

Liens

In a title lien, the property owner gives another individual or creditor the right to seize property to secure outstanding debts. The right to the property is then held as collateral. When the debt goes unpaid, the property is then taken from the property owner.

Probate

Probate is the legal process of property and/or asset distribution to the family following a loved one’s death. The legitimacy of their will is examined before the distribution of assets and properties. When someone dies without having a will in place, assets are then distributed according to the Laws of Descent and Distribution.

Foreclosure

Foreclosure can cause you to lose your home or property when you default on your mortgage payments. However, it can also throw a wrench in any plans that you may have to buy a home or property that has been foreclosed upon, even if you are the rightful owner.

Why Are They So Important?

Quiet title actions are essential in establishing legal ownership for real estate transactions. They can handle any claims of defective properties or legal issues that crop up in the obtaining of a deed to the properties. Title companies will check and verify any deed (as well as checking for existing claims against a property) when buying and/or selling the property.

A quiet title action can help to resolve:

Adverse claims on possession
Issues with tax taking
Boundary disputes

If you want to prove that you are the rightful owner of a property, you may have to file a claim for a Quote Title Action lawsuit.

Do You Need a Lawyer?

Title law can be confusing and overwhelming when you face it alone. Having someone by your side who knows how the laws work can help you to achieve the best outcome and alleviate some of the stress of quiet title actions.

Contact De Bruin Law Firm today for a consultation. We’re looking forward to working with you on this!

Protecting Your Sale: A Comprehensive Guide to Title Insurance

April 20, 2021/in Real Estate, Resources

Buying a home is a big investment and one that takes careful planning and organization. You want to be sure you are buying the best home for your money.

It’s the reason you hire a real estate agent to guide you through the home search process. It’s the reason you have a home inspector go through the property with a fine-tooth comb. You hire a mortgage broker or go to your trusted financial institution because you want their expertise.

One part of the process that might surprise is the requirement to get title insurance. What is title insurance and why do you need it?

Read on to learn what you need to know about title insurance when you’re buying a house.

What Is Title Insurance?

Title insurance is a type of insurance policy used to protect you and the mortgage company. This insurance is different from other types of insurance you might get, like auto insurance or homeowners insurance.

Typically, when you purchase an insurance policy it protects you against possible events that might happen in the future.

Title insurance is different in that it protects you from things that have potentially happened in the past with the property you are buying.

When considering title insurance there is both lender’s title insurance and owner’s title insurance. The lender’s title insurance protects the interest of the lender, mortgage company or bank. While the owner’s title insurance will protect the homebuyers interest in the property purchase.

Typically, the lender will require the homebuyer to get title insurance and it is covered under part of the closing costs.

Title Insurance Lingo to Know

To understand how title insurance works, it’s important to understand the terminology associated with getting title insurance. Let’s take a closer look at some verbiage you should know.

Title

The title is the legal document that is issued when you purchase a property. It has the legal description of the property in question.

Title Insurance

Title insurance is the insurance policy that protects your rights and the rights of your lender if there is a dispute related to the property.

Owner’s Title Insurance

The owner’s title insurance is issued to the homebuyer. As the policyholder, you’re also named as the beneficiary. The policy protects you if there are claims made on the property after the house title is transferred to you.

Lender’s Title Insurance

The lender’s policy, sometimes referred to as the loan policy, protects the lender who has a financial interest in the property. It offers them protection from possible financial loss if there are claims made on the property after the sale is complete.

Title Search

The title search is done before the title transfers from one owner to the next. It checks the legal ownership of the property. The goal is to identify anyone who might have a legal claim on the property. it also would identify, hopefully, anyone who might have a right to use the property.

Title Defects

Title defects help to identify through the title search and issues or threats that might be made on the property. By looking at anyone who might have a financial or legal interest in the property, the title search can identify potential defects.

Encumbrance

An encumbrance would identify any possible limitation on the property getting purchased. An encumbrance might include things like a zoning law issue, an existing lease on the property, or easements or encroachments that exist on the property.

Easement

An easement gives another person the right or access to use a part of your property. An example might include a utility company might have an easement on the property. It gives them the legal right to use the property for a specified purpose, yet it doesn’t mean they have any ownership right.

Encroachment

Encroachments happen when something spills onto the property being purchased. This might include a fence, stand alone building or even a driveway. Encroachments can make property issues tricky and should be avoided if possible.

How Does Title Insurance Work?

The title insurance works similarly to other insurance policies you might be familiar with. If an issue arises with the title on the property you have purchased, the insurance company will work to address the issue.

They might investigate to see if the issue in question is legitimate. They might fight the issue in the courts on your behalf or the lender’s behalf.

If they can’t resolve the issue, they would be responsible for compensating you accordingly.

What Does Title Insurance Cover

There are several areas that are typically covered under title insurance.

One thing the insurance protects against is any unknown liens on the property. The previous owner may have had a lien put on the property that didn’t show up on the title search. This might be for unpaid taxes or unpaid child support, for example.

Often property passes from one person another through a will after someone dies. If there was an heir that was omitted when the property was inherited, they might show up wanting their portion of the property. In fact, it would be considered they still have some legal ownership in the property. The title company would need to resolve the ownership issue.

Mistakes happen and title insurance protects against possible errors in the public record.

There also could be a potential issue related to fraud. If the property was previously bought or sold fraudulently, the insurance protects against this.

Cost of Title Insurance

The good news about title insurance is that it’s a one-time cost. Typically, the lender’s insurance is slightly less than the owner’s title insurance.

Lender’s insurance is usually included in the closing costs paid at the time of the closing on the property.

The other part of the good news is that while you only pay once for the policy, it is good for the whole time you own the property. Most lenders require title insurance, while owner’s insurance can be optional.

Understanding Title Insurance

Buying a house is certainly exciting. Yet, it comes with some risks too. Understanding what is title insurance works to eliminate some of those associated risks that come from the history of the property.

If you have questions related to your property purchase, or need a real estate lawyer for a closing or to look at your title insurance issue, we can help. Contact us today so we can answer your real estate related questions.

Buying a Property? Do These 9 Items Before the Real Estate Closing

March 30, 2021/in Real Estate, Resources

So, you’ve finally found your dream home, and you’ve entered into an agreement with the seller. Congratulations!

With the end in sight, now may seem like the perfect time to rest and unwind after the hard work of your real estate search—but not so fast. There’s a reason the average real estate closing takes almost 50 days on average: there’s a lot to do!

Before you let yourself relax, there are a few essential items to take care of. Let’s take a look at the things you’ll need to do before your upcoming closing.

1. Apply for a Loan

Whether you’ve secured pre-approval or not, now is the time to apply for a mortgage loan. This is one of the most important things you’ll want to do before the closing, as nearly half of all closing delays happen because of financing issues!

This will mean doing some research to find the best mortgage lender for your needs. To do this, you’ll need to compare rates as well as any additional fees and requirements. Don’t forget to also lock in your interest rate once you’ve been approved.

2. Hire a Real Estate Attorney

The closing process can be complicated, and having someone look out for your best interests is a great help for most buyers. Even with a helpful closing organizer in hand, buyers often find that the expense of hiring a real estate lawyer pays for itself!

Real estate attorneys can review each of the many contracts and documents involved in the purchase of your home. They can help negotiate on your behalf, watch for elements that could complicate the purchase, and offer peace of mind during any tricky situations you find yourself in moving forward.

3. Get Ready for the Closing Fees

The loan may be the biggest financing issue on your mind, but it’s not the only one. Every real estate closing comes with a host of closing fees, which are payments made to third parties for various services related to the property transfer. These fees can include anything from an appraisal fee to Homeowner’s Association fees.

On average, the total will range from 2% and 7% of the home’s purchase price. This, of course, is shared between the buyer and the seller, with the buyer often paying slightly more, usually 3-4%.

4. Examine the Title

Before you move any further into the home closing process, you’ll need to clear the property title. The last thing you want to learn at this point is that the seller doesn’t own or have the right to sell the house! This can happen when relatives or an ex-spouse claim that they, too, are a legal owner of the home.

Working with a title examiner can ensure that no one aside from the seller can claim ownership of the property. As the buyer, you’ll have the opportunity to choose the real estate attorney or title company you partner with. If needed, seek out recommendations from your lender or real estate agent to be sure you’re working with a reputable expert.

5. Do the Home Inspection

At some point during the escrow period, you’ll want to have a professional come out to do a home inspection. Most major lenders require this, but even if yours doesn’t, it’s still a good idea.

This preventative measure can help ensure that there are no issues with the home before the official property transfer. An inspector will look for major problems with the building’s structure, wiring, plumbing, and more—all of which could be costly to fix.

If the home inspection uncovers any previously unknown problems, you can choose whether or not you wish to continue moving forward with the closing. If you decide to move forward, you can negotiate with the seller to have them pay to fix the issues.

6. Have the Home Appraised

Again, this is a service any major lender will require. An appraisal will determine how much money the property is worth, which keeps your lender from loaning you the wrong amount of money. It can also help keep you from overpaying for the loan.

This process is often separate from the home inspection, and you or your real estate agent will need to reach out to an appraiser to set it up.

7. Get Homeowners insurance

Before the home closing is complete, you’ll need to show proof that you’ve taken out a homeowners insurance policy on your new home.

Beyond this requirement, it’s simply a good idea to have a policy in advance. This type of insurance will help cover exterior and interior damage to your home, as well as the loss or theft of your belongings and any injuries that happen on the property.

You have multiple options available to you when it comes to finding the right policy and coverage, so allow yourself plenty of time to research your choices and weigh the pros and cons.

8. Do a Final Walk-Through

This step isn’t to be confused with the home inspection process above. A final walk-through happens in the days leading up to the closing, and both the seller and buyer should be present for it.

During this walk-through, you’ll have one last chance to inspect the property. Take the opportunity to check everything from the big-ticket appliances to the doors and windows. If the status of any part of the property doesn’t mind its agreed-upon condition, you’ll want to bring it up now.

9. Get Ready to Sign

Bring your favorite pen and flex your fingers: you’ll be signing a lot of documents and contracts!

Before you head to the closing table, prepare in advance by grabbing your proof of homeowners’ insurance, your home inspection reports, the paperwork for your home loan, a photo ID, and a copy of your contract with the seller. Your attorney will help guide you through the signing process from there.

Let Us Help Prepare for Your Real Estate Closing

There are few worse things than allowing your dream home to slip through your fingers on a technicality. Following the steps above can help you make the most of your real estate closing process, securing your new property for the future.

If you’re looking for further expert help during your closing, partner with our team! Our experts can help you review your contract, secure title insurance, and much more. Learn more about our services or reach out today for a no-obligation consultation.