Real Estate Archives - Page 3 of 6

What types of cases do you handle under real estate law?

October 31, 2019/in Business Law, Real Estate

Our Firm handles traditional purchases of real estate, including both residential and commercial properties. We also handle refinancing of loans and mortgages, home equity lines of credit, and mobile home sales and de-titles. Additionally, we handle quitclaim deeds and property transfer. We handle commercial lease agreements, commercial purchases, and commercial sales and refinances. We also do real estate development, and that could be anything from sub-divisions to multifamily homes or to a corporate real estate development. The only thing we don’t handle in real estate law is real estate or residential litigation. We don’t handle litigation between homeowners, neighbors, landlords and tenants, etc.

Do I need an attorney when purchasing a single family home?

The real estate attorney handles the title insurance of the closing. In South Carolina, title insurance is a legal requirement, and you do need a lawyer to handle the closing, escrow servicing, and titling of your property.

Why should I hire an attorney if I’m just purchasing or selling a property?

In South Carolina, it’s required that an attorney handle and supervise many of the critical elements of a real estate closing. These elements include title searches and abstracts, title review and certification, and the closing itself, including preparation and analysis of closing documents and escrowing the funds. All money passes through the attorney’s escrow account and is distributed according to the documentation that is presented.

Should I use the standard listing agreement by realtors to buy or sell property or should I use a custom agreement made by my attorney?

For residential properties, most states including South Carolina have a standard realtor’s contract that everyone real estate agents and attorneys are familiar with. We use the standard form as it is convenient for all parties involved, but also review and draft real estate agreements specific to the individual transaction.

What is involved in the closing of a real estate property?

Often, when people are buying a property for the first time, they don’t understand the amount of paperwork and tasks associated with a closing. The first thing that needs to be done is a contract between the buyer and seller. There is an earnest money deposit that usually goes along with the signing of that contract. Included in the contract is a list of deadlines and dates for certain things to be done. It is very important to make sure that all those dates are noted when the contract is signed.

Next, there is the due diligence and the inspection period. This is vital, because in most contracts for real estate, specifically in residential real estate, there are out clauses, or the things that the buyer, if things are found, can get out of the contract, or the contract will be cancelled. There will be inspections, both home inspections and termite inspections, with a financing statement stating that if the buyer can’t obtain funding to buy the house, either they negotiate the contract again or the contract is voided. At that time, a title search is done to make sure that the title is good and marketable.

In addition, a survey of the property is done, and then the attorneys review both the survey and title to certify that the title is good and marketable. Also, the attorney needs to receive payoff requests for all liens.

Then, the lender will give a title commitment letter and will coordinate the closing. From here, we must review all the lender documents and the settlement statements and prepare for the closing.

During closing, the attorney will explain every document that is involved and all parties will sign the closing documents. The attorney will do the transferring of the deed and transfer funds through the escrow account to the lenders, sellers, agents, mortgage companies, and taxing authorities and insurance companies. The attorney will give the title insurance commitment to the buyers and the bank, and then record the mortgage deed through the clerk at the courthouse.

For more information on Real Estate Cases In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

What form of funds is acceptable at the closing?

October 31, 2019/in Real Estate

We will not accept any funds at the closing over $5,000. If it’s under $5,000, we will only accept a bank certified check.

We require funds to be wired at least 48 hours prior to closing, or, if they would like, we can deposit their personal check into our escrow account. We ask that this is done at least 10 days prior to closing so the check has time to clear.

Our standard policy is to accept a wire transfer. This is because it is more convenient, and other methods may have timing issues that would delay the closing.

What are the borrowers’ responsibilities in a real estate transaction?

The borrower’s responsibilities in the closing will be outlined in the contract. The contract includes provisions and contingencies related to having things done, such as appraisals and inspections. If the buyer is getting financing from a bank, having a pre-approval letter and a final loan approval letter are some common contingencies that are listed in a contract.

At the time that the buyers and sellers request us to handle their closing, they are given a closing organizer that allows them to list important closing dates, such as when the inspection is due, when they have to send the letter to the seller after the inspection, and when the appraisal’s due. It also allows them to record key contact information, such as the name of the company that’s handling the inspection and the bank manager who’s overseeing the loan.

We try to make the process as easy and as stress-free as possible. This is best accomplished by being organized. The seller’s responsibilities are also laid out in the contract. Oftentimes, repairs need to be made after inspection, and the seller needs to respond to these repair requests and provide proof that the repairs are done.

In the case of a commercial property, South Carolina has a due-diligence period that differs from other states. During this due-diligence period, there is not a survey or title report done on the property. Instead, a phase one environmental study and inspection is needed the property and structure. During this period, if for any reason the buyer doesn’t want to go forward with the closing, they only have to notify the seller. In these cases, they walk away and the escrow funds are released. In a residential closing, the escrow amount is usually much less.

The seller also needs to furnish a deed with clear title and make sure that all parties with an ownership interest are essentially conveying that property to the buyer in the contract.

Will I be able to move into the new property immediately after closing?

Once you buy the property, you should have access to your property. If there are reasons you can’t move in, such as repairs, you may not have access to your property right away. Once you leave the closing and the funds are dispersed, it is your property and you have access to it. We strongly advise both buyers and sellers not to close on a property if, for instance, the seller has not completely moved out. When a closing happens, it should be a closed transaction. When both parties leave that day, the property has been conveyed, and all personal property that is not specifically listed to be transferred is out of the home, and the buyer can move in at the minute they leave our office.

Who is responsible if something goes wrong with the property after closing?

Because we act as a settlement agent for the closing process, both parties sign what’s considered a multiple disclosure agreement. This simply states that we are serving both parties, and in any issue post-closing, we are unable to represent either party. We make all documents available to any other attorneys that they wish to hire if there was any litigation. To avoid this, we make sure that when the closing takes place, both parties leave with the transaction finalized. There should be no lingering effects, such as repairs or leftover possessions.

For more information on Funds At Real Estate Closing, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

How can I prepare beforehand to sell or purchase a property?

October 31, 2019/in Real Estate

If you are working with a realtor, a real estate agent, or a real estate company, we want you to stay with them through all the things leading up to when you make an offer on a house or when you put your home on the market. Your real estate agent is the professional that understands how to get your home under contract. Once it’s under contract, then you or your realtor will come to us to start the process of abstracts, titles, and closings. A real estate agent will normally walk you through all the nuances of selling or buying a property, but it’s always good to be organized. It’s best to have all your paperwork and your contracts ready when you contact us.

What things can happen in a real estate transaction that can cause either party to be liable?

There are two things that are happening simultaneously when you sign a normal real estate or a residential closing.

The first is, the buyer is paying for an appraisal of the property and the home inspection of the property. There is usually a legal requirement for a termite inspection that is paid for by the seller. Secondly, at the same time, the buyer is seeking funding from the lender. If the termite inspection from the seller shows a termite infestation, a decision needs to be made at that point to either eradicate or fix the situation. If the buyer agrees, that needs to be done.

This could also cause the sale to fall through. If there is too much infestation, the buyer may not want to go forward. If the appraisal comes back at a value that is less than the mortgage, then that may be cause to not go forward. For example, if the mortgage is $100,000 but the appraisal comes back at $90,000, the house is not appraised for the value they want the loan for, so the sale price could cause it to fall through. In addition, the home inspection could come back with a major foundation issue that is not easily fixed by the seller. This, also, could cause the buyer to back out of the contract.

What is a free and clear title? How does it relate to the sale of property?

Clear title is a word that means the title is insurable. This also means that the title is marketable, which means you can sell your interest in that property. You can find out if your title is clear and marketable through researching the ownership history and if there are any encumbrances to that title.

Is there any sort of grace period where one party can back out of a real estate transaction?

Once a contract is signed, you agree to the milestone dates mentioned in the contract. At a closing, you legally transfer the property. That is legally binding.

How long does it typically take to purchase or buy a property in south carolina?

When a real estate client comes to us after meeting with a real estate agent and discussing making an offer, we usually can close within 30 days. This is dependent on whether the buyer has their paperwork and been approved by a mortgage company. For a commercial property, however, it can take anywhere from 60-90 days for a closing.

Additional Information on Real Estate Law

The sooner you get your information to the real estate attorney, the easier things become. In a closing, there are a lot of people that need to be informed, a lot of research that needs to be done, and in some cases, other parties (such as mortgage companies) that also need to be involved and informed. In a situation where the mortgage company needs other creditors be paid off at settlement to clear the creditors and only have the mortgage on the property, it is important to get the information to the company, because getting that information from the creditors takes time. The sooner you get you the real estate attorney, the more smoothly things will go.

For more information on Preparing For A Real Estate Transaction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

Do I need an attorney for a real estate closing?

October 31, 2019/in Real Estate

South Carolina is one of the few states that requires a licensed South Carolina attorney to handle many of the major aspects of a closing. Major aspects of a closing include supervising the title search and title commitment, recording deeds, mortgages, and other important documents, as well as supervising the escrow process and disbursement of funds to all parties involved. The South Carolina Supreme Court requires these issues to be handled and supervised by a licensed South Carolina attorney.

What is the attorney’s role in a real estate transaction?

An attorney’s main role in a real estate transaction is to gather the necessary information from both buyers and sellers. This includes loan payoffs, mortgages, and deeds. We will also conduct a title search, and order a survey if the buyer decides they want one. We will communicate with both parties and come to an agreed upon date and time for the closing, and instruct all parties on what needs to be signed and anything else that may need to be done.

We will also handle the title commitment and the title insurance for the buyer. South Carolina is unique because our closing attorneys are also able to administer the title insurance that is required by all lenders. We always recommend buyers of real estate to get title insurance, because their lender’s title insurance policy does not protect them. This is because lender’s title insurance only protects the buyer, and an owner’s title insurance policy protects the buyer.

Who needs to attend a real estate closing?

Any party that has an ownership interest in the property needs to attend the real estate closing. Those looking to be on the new deed or mortgage should also be present. If someone is not able to attend for any reason, we have mechanisms in place that will allow a representative to sign for them if the lender is open to this option.

Who pays the attorneys’ fees in a real estate closing?

In South Carolina, the attorney’s fees are paid by the individual outlined in the property contract. For a residential closing, a typical contract will have the buyer paying the attorney’s fees. This is because in South Carolina, the buyer is the one allowed to choose the settlement agent or closing attorney.

In commercial closings, both the buyer and the seller will have their own attorney, and each side will pay for their own attorney’s fees. In some scenarios, the buyer’s attorney will act as a settlement agent. The settlement agent’s role is solely to move the process along and handle the document production and recording. In these scenarios, each party will pay for their own attorney’s fees.

How much money will I need at the closing?

Fund disbursement is determined by a number of things, including the purchase price, the loan amount, mortgage insurance, homeowner’s insurance, property tax, attorney’s fees, and title insurance.

All these things are outlined in the closing disclosure form that is given to residential buyers and sellers. At the end of the closing disclosure form, it will show exactly how much the buyer and seller need to bring to the closing and what those funds are for.

For more information on Real Estate Closings In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 982-5930 today.

13 Simple Steps to Closing on a House

September 23, 2019/in Real Estate, Resources

33% of home buyers are first-timers, which means there are many people who have never navigated the process before. If it’s your first time purchasing a home, it may feel both daunting and exciting, all at once.

Although your realtor can help you out along the process, there are a few things you should know to make it easier. Here are 13 simple steps to closing on a house.

1. Open an Escrow Account

An escrow account is an account with the money and documents. The account holder is a neutral party to ensure neither you or the seller get taken advantage of.

During the entire real estate transaction, this neutral third party will be in charge of these vital things. At the very end, both the money and the documents will go to the appropriate parties to finish the transaction.

2. Get an Appraisal

Before you get a mortgage, you need to get an appraisal for the property. Thankfully, most lenders hire their own appraisers, so you won’t need to do much in this step.

But if the lender you’re looking at has asked you to find your own appraiser, you’ll have to do this as soon as possible so you can move onto getting pre-approval for your mortgage.

3. Get Pre-Approval for Your Mortgage

Taking care of this step can make the deal go quicker, and can also give you more control over it. When you can prove you have pre-approval for a mortgage, it’ll give the seller peace of mind, as they’ll know you have the appropriate funds for the purchase.

4. Lock in Your Interest Rate

Once you’re pre-approved for a mortgage, you’ll want to lock in your interest rate. Since mortgages can take a lengthy period of time to repay, the risk of interest rates rising is significantly high.

Eliminate this risk by locking in the interest rate you’re offered. This will depend on a number of factors, such as your credit score and property.

5. Perform a Title Search and Get Title Insurance

Theoretically, when you purchase a home, the title transfers from the seller to you. But there may be other people who potentially have a claim to the property, such as a tax collecting agency.

Performing a title search will enable you to find out if anyone has claims to the property. You can then get the seller to resolve these before you finalize the purchase.

Buying title insurance will protect you, should loss or damage happen. Possibilities of those occurrences can stem from liens or defects in the title or ownership of the home.

6. Hire a Real Estate Attorney

The state of South Carolina requires that you have a real estate attorney for closing. There are many documents with legal jargon in them, and you want to make sure you understand them before you sign.

With a real estate attorney on your side, they can help you navigate all documents and ensure you understand what you’re signing. They’ll protect your rights.

7. Negotiate the Costs Involved

Closing on a property doesn’t just involve paying the price of the home. There will be plenty of administrative fees, review fees for various documents, and processing fees. These are all considered junk fees, and your lender will most likely make you pay all of them.

Before you agree to it, speak with them and see if you can get them reduced or eliminated. You’d be surprised at what they’ll agree to, so it never hurts to try.

8. Get a Home Inspection

A home inspection gives you the chance to see if there’s anything seriously wrong with the property. If there is, you’ll have the option of backing out of the deal.

Otherwise, if you have a home-inspection contingency, you can either ask for the seller to fix the problems or reimburse you for the repairs.

9. Get a Pest Inspection

Some lenders will require you get a pest inspection; it’s a good idea to get one anyway. Any type of infestation can lead to serious damage in the future, so you want to take care of any potential problems now.

If pests are found, you can usually convince the seller to pay for the pest control services.

10. Renegotiate Your Offer

If there were problems found in steps 8 and 9, you can renegotiate your offer, even if the seller has already accepted it. You can either lower your bid or keep it, but ask the seller to pay for repairs.

If they refuse to pay for major repairs and you’re not comfortable purchasing the property anymore, you have the chance to back out without any penalties.

11. Remove Any Contingencies

Your real estate agent should’ve drawn up a purchase offer that has contingencies. These need to be removed (in writing) by a specified date.

Since these can be approved passively if you don’t do anything by the deadlines, you’ll need to make sure you remove these contingencies in a timely fashion.

12. Arrange for Payments Before Closing

If you don’t make payments on time before closing, not only can the deal get canceled, but your earnest money can go to the seller as well. Make sure you’ve made all the proper arrangements for your payments so this doesn’t occur.

13. Get a Final Walkthrough of the Property

A final walkthrough of the property you’re purchasing will let you see several things. For one, you ensure no new damage has happened in the time between the home inspection and the current time. Also, it lets you inspect whether or not the seller’s made acceptable fixes.

Use These Steps to Closing on a House for Success

With these steps to closing on a house, you’re better prepared for the home buying process. This is an exciting time in your life, so don’t let unnecessary details stress you out. By educating yourself before purchasing a house, you’ll take a lot of the burden off your shoulders and make it a more pleasant experience.

To get legal counsel for your real estate transaction, please contact our attorneys today.

Law Jobs For Humans. And For Humanity

April 19, 2019/in Domestic Violence, Education Law, Gun Crimes, Insurance Defense, Personal Injury, Real Estate Law

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So You’ve Had a Compliance Breach – Now What?

April 18, 2019/in Domestic Violence, Education Law, Gun Crimes, Insurance Defense, Personal Injury, Real Estate Law

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