Tag Archive for: Greenville Real Estate Lawyer

Everything to Consider When Choosing Real Estate Lawyers

/in ,

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 If their license is outdated, scratch them off your list.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.

How Greenville, SC Real Estate Lawyers Can Help

Navigating the intricacies of real estate in Greenville, South Carolina, whether you’re buying, selling, investing, or developing, can be a complex and often daunting process. From residential homes to sprawling commercial properties, each transaction involves a web of legal documents, financial considerations, and potential pitfalls. 

This is where the acumen of a seasoned Greenville, SC real estate lawyer becomes not just beneficial, but often essential. These legal professionals offer understanding to protect your interests, ensure compliance, and facilitate smooth transactions, providing peace of mind in what can be one of life’s most significant financial endeavors.

Title Insurance

One of the most critical, yet often misunderstood, aspects of real estate is title. A clear and unencumbered title is paramount to any property transfer. Title insurance protects both buyers and lenders from financial loss due to defects in a property’s title, such as undisclosed liens, easements, boundary disputes, or even claims of ownership by others. A Greenville, SC real estate lawyer plays a pivotal role in this area. 

They begin by conducting or overseeing a meticulous title search, delving into public records to uncover any potential issues. If defects are found, the lawyer works diligently to resolve them before closing. 

This could involve negotiating with lienholders, resolving boundary disputes, or clearing up errors in previous recordings. Their legal understanding ensures that the title presented is clean, marketable, and insurable, safeguarding your investment against future challenges and ensuring that the title insurance policy genuinely protects you against risks that might emerge post-closing.

Real Estate Investors

Real estate investors, from individuals looking for their first rental property to seasoned developers embarking on large-scale projects, face a unique set of challenges and opportunities. A Greenville, SC real estate lawyer is an invaluable partner in mitigating risks and maximizing returns. For instance, lawyers assist with comprehensive due diligence, examining zoning regulations, environmental reports, potential liabilities, and property history to ensure the investment aligns with the client’s goals and risk tolerance. 

They can advise on the optimal legal entity formation (e.g., LLCs, partnerships, corporations) to shield personal assets and optimize tax implications. Furthermore, they are adept at drafting and reviewing complex purchase agreements, joint venture agreements, financing documents, and lease agreements. For investors looking to develop, lawyers help navigate land use laws, obtain necessary permits, and manage construction contracts, ensuring every phase of the investment is legally sound and protected.

Agents and Brokers

Real estate agents and brokers are at the forefront of property transactions, facilitating connections between buyers and sellers. 

While they are highly proficient in sales and market dynamics, they often encounter situations that require legal interpretation and intervention. Greenville, SC real estate lawyers serve as crucial advisors and advocates for agents and brokers. 

They can assist with drafting and reviewing listing agreements, buyer agency agreements, and sales contracts to ensure they are legally compliant and protect the agent’s commissions and responsibilities. 

When disputes arise – whether over commissions, disclosures, or contractual misunderstandings – lawyers provide essential representation, often seeking resolution through negotiation, mediation, or, if necessary, litigation. 

They also offer guidance on compliance with state and federal real estate laws, licensing regulations, fair housing acts, and professional ethics, helping agents and brokers avoid legal pitfalls and maintain their professional integrity.

Commercial Real Estate

Commercial real estate transactions in Greenville, SC, are inherently more complex than residential ones, involving higher stakes, intricate legal frameworks, and diverse property types like office buildings, retail spaces, industrial warehouses, and vacant land for development. A commercial real estate lawyer is indispensable. 

Their area of focus extends to handling zoning and land use issues, ensuring the proposed use of the property is permissible and guiding clients through the re-zoning or variance application process. They address environmental concerns, including Phase I and Phase II assessments, and help mitigate potential liabilities associated with hazardous materials. 

Lawyers meticulously draft and negotiate sophisticated commercial leases, often involving unique clauses for tenant improvements, rent escalations, and common area maintenance. For large-scale developments, they manage acquisition, financing, construction, and disposition agreements, ensuring all aspects are legally sound and aligned with the client’s business objectives.

Real Estate Closing

The closing is the culmination of the real estate transaction, where ownership is officially transferred. In South Carolina, unlike some other states, an attorney must conduct the real estate closing. This mandate underscores the complexity and legal significance of this final step. 

A Greenville, SC real estate lawyer orchestrates the entire closing process. They are responsible for preparing all necessary legal documents, including the deed, bill of sale, affidavits, and closing disclosures, ensuring their accuracy and proper execution. 

A Greenville, SC real estate lawyer also reviews the loan documents on behalf of the buyer, explains all terms, and confirms that all conditions of the purchase agreement have been met. They manage the disbursement of funds, ensuring that all parties – sellers, lenders, agents, and lienholders – receive their appropriate payments. 

The presence of a Greenville, SC real estate lawyer at closing ensures that the transfer of title is legally valid, all financial obligations are properly handled, and the transaction is concluded smoothly and in compliance with all state laws.

Real Estate Contract Review and Negotiation

The real estate contract is the backbone of any property transaction, outlining the rights, responsibilities, and obligations of all parties involved. A poorly drafted or unreviewed contract can lead to significant financial losses and protracted legal disputes. This is why having a Greenville, SC real estate lawyer review and negotiate the contract is one of their most valuable services. 

Before you sign anything, a lawyer will meticulously examine every clause, term, and condition, identifying any ambiguities, unfavorable provisions, or hidden liabilities. They will ensure that contingencies for financing, inspections, and appraisals are appropriately structured to protect your interests. 

During negotiations, the lawyer acts as your advocate, working to secure the most favorable terms possible, whether that involves price adjustments, repair credits, closing cost allocations, or specific timelines. 

Their goal is to ensure the contract accurately reflects your intentions, minimizes your risk, and provides clear remedies in case of breach or unforeseen circumstances, laying a solid legal foundation for the entire transaction.

The real estate market of Greenville, SC, presents both exciting opportunities and potential challenges. Engaging a Greenville, SC real estate lawyer is a proactive step that provides comprehensive legal protection across all facets of property ownership and transfer. 

Whether it’s ensuring a clear title, guiding an investor through complex deals, advising agents, facilitating commercial ventures, conducting a legally compliant closing, or meticulously reviewing contracts, a Greenville, SC real estate lawyer serves as an indispensable guardian of your interests, ensuring your real estate journey is as secure and successful as possible.

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.

What Does a Real Estate Lawyer Do?

/in

Almost 5.6 million existing homes were bought/sold in the US in 2017 alone. Add to that number roughly 615,000 new properties bought/sold, and it becomes clear that for many, being a homeowner is still very much a part of people’s idea of the quintessential American dream.

Home buying, however, can be an arduous process.

Inspections. Contracts. Deadlines.

All of that and more can make it so both seasoned and first-time real estate buyers/sellers feel like they’re in over their head.

This is where areal estate lawyer services can be extremely helpful. When working with a real estate attorney, the most complicated aspects of properties changing hands will get handled by legal professionals.

To better answer the question of what does a real estate lawyer do, below are some benefits they can bring to you.

1) Professional Legal Document Drafting

There are a lot of documents that surround real estate whether you’re buying, selling, or even renting. Ensuring that your documents are legally binding can mean the difference between a smooth transaction and a lifetime worth of regret.

Real estate lawyer services include high-quality drafted documents aimed at protecting you. A good attorney can prepare deeds, lease and rental agreements, financing agreements, purchase contracts, and more.

Many feel that their real estate agent suffices during the buying/selling process of a home when it comes to contractual matters.

The issue here is that your real estate agent is not a trained legal professional. Everything they offer you to sign is boilerplate and prepared by a third party lawyer responsible for drafting generic contacts that pay no mind to your specific situation.

Only your personal real estate lawyer can draft unique papers on your behalf and revise documents in a fashion that is legally binding.

2) Review of Real Estate Transactions

If you’re handling most of the dealings of a real estate transaction on your own, you’ll at least want an attorney to review all of the details of your transaction prior to putting your signature on a paper.

Why?

Real estate attorneys get trained to identify issues you may not see on your own. They can spot title issues, problems with inspections, environmental problems, and reports that seem off.

Doing your diligence by having a lawyer review your property deal is an integral part of the estate exchange process. It ensures you’re getting exactly what you expect from a deal.

3) Negotiating

One of the most daunting aspects of real estate sales is negotiating. For many, this isn’t something that comes easily.

Whether it concerns the price, conditions, or terms surrounding a purchase, negotiating will make sure you’re getting all of the value you can from a deal. Given that real estate lawyers are specially trained when it comes to property transactions, they can look for opportunities to increase the value of your offer.

They can also identify where you’re getting taken advantage of, and fight to make those instances more favorable.

4) Representation during Closing

Many people employ real estate attorneys to represent them during closing.

The closing of a real estate transaction is where all of the final, most important documents are presented to both buying and selling parties and are signed.

It’s important to have a qualified legal professional with you during this process to make sure all of the informal components of your deal are represented in final documents. Remember, agents have a vested interest in your closing a deal, so trusting them to be diligent during closing on your behalf may create a conflict of interest.

With a qualified attorney can you be sure that your interests will be adequately upheld during the final stages of the buying/selling process.

Note that in some states, including South Carolina, you may need to have an attorney present during closing proceedings.

5) Litigation for Deals Gone Wrong

If certain aspects of your real estate deal are not upheld by the opposing party, you may find yourself in a position where you need to take legal action. While this is never a situation someone wants to face, when it becomes necessary, you’ll be glad you have a relationship with an attorney.

A good attorney may even be able to negotiate with opposition to try and keep cases that seem to be headed towards court out of the courtroom.

6) Assistance with Foreclosure

During hard times, many homeowners end up in foreclosure. This can represent a high-stress situation for both those residing in the home getting foreclosed on and lenders.

With a real estate lawyer, no matter which side of foreclosure you’re on, the process will go more smoothly.

If you’re the lender, lawyers can guide you through how to initiate foreclosure. They can also file any relevant lawsuits on your behalf.

As a borrower, an attorney can ensure that you are aware of your rights under foreclosure law. They can even help you avoid foreclosure by negotiating a settlement with lenders.

Get More Information about What Does a Real Estate Lawyer Do

A real estate lawyer can be valuable to both buyers and sellers during the process of properties switching hands. They can assess all paperwork surrounding a property’s sale, draft custom contracts, and represent you at closing.

Bottom line, if you’re acquiring or selling a property, make sure you’re represented. Hire a qualified real estate attorney today.

Are you looking for the best legal team in the Greenville, South Carolina area to represent your real estate interests?

If so, look no further than DeBruin Law Firm. We specialize in providing our clients with a wide variety of services related to real estate and beyond.

Let us take our years of expertise and help you get the best deal on your home possible.

Contact our team of legal professionals to learn more about what does a real estate lawyer do, or to get your consultation today!

How Much Does A Real Estate Closing Attorney Cost?

/in

There are a number of expenses involved with buying or selling a piece of property. There’s the new mortgage, taxes, and insurance; the cost of making any necessary repairs to the property to prepare it for sale; realtor fees; and a variety of other expenses. In addition, there are fees involved with the final step of the transaction, which is called the closing. At the closing, the seller conveys ownership of the property to the buyer.

Real Estate Closing Settlement Fees

A South Carolina real estate closing attorney typically charges a flat fee for conducting the closing. In most cases, the fee is several hundred dollars, and in some situations, it may be over $1,000. Many real estate clients only see the real estate closing attorney at the closing itself and may wonder why these fees are in place. However, there is quite a bit of work that closing attorneys must do to prepare for the closing and ensure that the property is being properly transferred from the sellers to the buyers.

First, the closing attorney will conduct a title search to check the status of the property. The title search will confirm that the seller has full ownership of the property and is in a position to transfer it to the buyer. The title search will also show if there are any easements, encroachments, or other restrictions on the property. The attorney will also prepare an opinion on the title that is presented to a title company. This document will be used in the event that the buyer wants to purchase title insurance.

Real Estate Closing Attorney Responsibilities

Closing attorneys are also responsible for facilitating communication between a number of parties necessary to the finalization of the deal. The closing attorney may need to discuss the sale with lenders, real estate agents, surveyors, any current mortgage holders, tax offices, homeowners associations, and a variety of other individuals. The closing attorney must communicate with these individuals to make sure all of the details involved with the sale are accurate and also to ensure that the closing is completed on time.

During the closing itself, the closing attorney will explain the documents to the parties as they sign them. There are a number of documents that must be signed at a closing, including the deed, settlement statement, loan documentation, a promissory note, and other documents as required by law. The closing attorney is available to answer any questions about these documents that the parties may have.

After The Closing

A closing attorney’s work does not end when the parties leave the office. After the closing has been completed, the closing attorney will update the title to the property on local registry of deed websites and will record the deed. In addition, the closing attorney is responsible for disbursing fees, including brokerage fees, taxes, loan payoff amounts, seller proceeds, insurance premiums, and inspection fees.

After the transaction has been completed, if any issues arise with the transfer of the property, the closing attorney may be consulted if necessary to help resolve the issue.

Clearly, the real estate closing attorney does not simply sit with the parties at the closing and have them sign documents. The closing attorney’s guidance is a necessity to ensure the transition of ownership goes smoothly and that the parties understand the legal requirements of the deal.

Let us manage your closing

The real estate attorneys at the De Bruin Law Firm are experienced in a variety of real estate transactions, including residential, commercial, refinancing, and equity loan matters. To schedule a closing with our real estate attorneys, call (864) 982-5930.

If you’re considering buying or selling real estate in South Carolina or are already negotiating a contract we’d love to help you close on your transactions.

How Do I Sell My Home If There Is A Lien On The Property?

/in

Liens are designed for lenders to ensure that home buyers are more likely to make payments in a timely manner and do not default on them. If a debtor fails to pay the lender, the lender may sue the debtor, resulting in a lien on the property. If the homeowner should wish to sell the home, this can cause issues. In this case, a skilled and experienced real estate lawyer may be your best resource.

Why Liens Matter

Liens are attached to the property, meaning that if a debtor should transfer ownership to another party, the debt does not follow them. However, liens are present on the property title. Before a real estate closing, a mortgage company will require a title search. Should outstanding liens appear on the property, it is likely that the mortgage company will refuse to finance the purchase. Additionally, the lender who owns the lien can seize the home as long as the lien is valid. This may mean that the new homeowner must pay off the previous owner’s debt to keep the property. Most people will not want to take that risk, so selling a home with a lien may be very difficult.

Paying Off The Lien

If you are selling a home that has a lien on it, it is best to repay the debt before selling. Once the lien is paid off, the lien holder will issue a Certificate of Release. This acknowledges that the lien is no longer valid, as the debt has been paid. Upon receiving the certificate, the debtor files it with the Secretary of State’s office. The lien will no longer appear in title searches once this document has been filed, making it easier to sell your home.

Expiring Liens

Sometimes, the homeowner will choose to wait until the lien expires instead of paying it off if it is financially easier. There are several types of liens, and they expire at different times. Federal tax liens are valid for ten years, after which a homeowner can request a Certificate of Release. A judgment lien will expire once the original judgment expires, but a creditor could renew a judgment before its expiration. Therefore, relying on the lien to expire is not always a good idea.

Mortgage Liens

Mortgage liens are different than other liens. Should an individual sell the home before paying off the mortgage, the proceeds of the sale will go to paying off the original mortgage, should the house sell for more than the owner owes. Mortgage liens do show up in title searches, but do not count against the homeowner and would not complicate the sale process the way other liens would.

Solutions

If there is a lien on your property and you intend to sell it, you have a couple of options. Typically, a debtor must pay off the judgment lien before it is removed, but a lender may voluntarily remove the lien if the debtor offers collateral or sets up a payment plan. For federal tax liens, the IRS will allow debtors to apply for a lien release when trying to sell your home, if the individual submits their application at least 45 days before the sale of the home. This will release the lien on the home, but remains on other property, and the individual will still owe the debt.

At The De Bruin Law Firm, we have experienced real estate lawyers you may be able to help you with your questions about liens and other real estate issues. Contact us today to learn more about our real estate lawyer services.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

Our Services

Quick Links

    Contact Us