Tag Archive for: Real Estate Law

Everything You Should Know About Real Estate Law

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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

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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.

What Does a Real Estate Lawyer Do?

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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?

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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.

Frequently Asked Questions About Title Insurance

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At The De Bruin Law Firm, we are experienced and knowledgeable real estate attorneys. We often help our clients when they are buying a home to ensure that the closing process goes as smoothly as possible. One aspect of what we do as real estate closing attorneys is help our clients with a title search and title insurance. If you are a first time home buyer, you may not be aware of everything related to real estate titles; in fact, this is an area about which we get many questions. To help you, we have compiled a list of frequently asked questions about titles.

What Is A Title?

A title is a document that serves as evidence of an owner’s right to possess a property. It’s possible for someone other than the owner to have a legal right to the property in question; in this case, the other person may be able to stake claim over the property or demand use of it.

What Is A Title Search?

A title search entails examining the historical records of a property, including deeds, property and name indexes, court records, and other documents. This search serves to confirm the seller’s right to transfer ownership to the buyer, and to uncover any other claims, defects, burdens, or rights to the property.

What Issues Can A Title Search Uncover?

A title search could reveal a number of issues with the title, including title defects, liens, encumbrances, or restrictions. This could include unpaid taxes, unpaid mortgages, legal issues with the seller, and restrictions on how to use the land.

Are There Potential Issues With The Title That A Title Search Won’t Reveal?

Yes. There are certain hazards that a title search might not reveal. For example, if a previous owner did not reveal his marital status, his spouse could have a legal claim to the property. Other examples include forgery, fraud, defective deeds, and clerical errors. It is possible for these issues to arise after you have already purchased your home, jeopardizing your ownership rights.

What Is Title Insurance?

Title insurance is a type of insurance policy that protects you against the loss if any of these issues present themselves after you have purchased your home.

What Happens If A Claim Is Filed Against My Property?

This varies depending on the claim. In the worst case scenario, you could lose your property and still be liable to pay off your mortgage balance. This is an extreme occurrence that doesn’t happen in most cases, but even a small claim will cost you money, time, and stress, and may require you to hire a lawyer.

If A Claim Does Arise, How Does Title Insurance Protect Me?

If a claim against your property is made, title insurance assures you a legal defense and will pay all court costs. If the claim proves to be valid, you will be reimbursed for your loss (up to the face amount of the title insurance policy).

Isn’t The Deed The Proof Of Ownership?

Actually, no. A deed is a document through which ownership rights to property are transferred, but it is not proof of ownership, and does not eliminate another’s rights to the property. Additionally, a deed does not show liens or claims against the title.

What Are The Different Kinds Of Title Insurance?

There are two types of title insurance policies: a loan policy and owner’s policy. The loan policy protects the lender in the property as security for the outstanding balance of the buyer’s mortgage. The owner’s policy protects the buyer’s investment in the property.

How Much Does Title Insurance Cost?

While it varies, in general, title insurance costs one percent or less of the total cost of the property. Additionally, a title insurance is not paid annually, like other types of insurance; it is one upfront cost paid at closing.

How Long Does My Title Insurance Coverage Last?

Title insurance coverage lasts as long as you or your heirs have an interest in the property, and in some cases, beyond that.

When buying real estate, it is in your best interest to hire an experienced attorney. As real estate attorneys in South Carolina, we can help you during your real estate closing. Interested in our legal services? Contact us today to learn more about how we can help with your real estate closing.

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

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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.

Why Do I Need Title Insurance?

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Buying a new home is an exciting but overwhelming process. There are many aspects of homeownership you must learn, and navigating all of the legal requirements may be a struggle for you. If you are buying a home, you may find a real estate attorney helpful. At The De Bruin Law Firm, we offer real estate law services that could aid you as you buy your new home. One aspect of homeownership that we may help you with is title insurance. While you are likely aware that there are a variety of types of insurance your home may require, title insurance is a very important but much misunderstood type of home insurance.

What Is Title Insurance?

The title of a home is what gives you legal rights to occupy the property. The title could include limitations due to claims others have asserted over the property. This could limit how you can use the property, and may cause financial loss. When you purchase title insurance, it protects against these types of issues with your title. Title insurance is purchased as a one-time premium, as opposed to other types of home insurance, which require annual premiums. This is because it protects against existing hazards instead of offering protection for hypothetical future issues.

Types Of Title Insurance

There are two general types of title insurance:

  • Lender/mortgagee coverage: Most lenders require title insurance. This protects their investment and allows them more flexibility to lend mortgage money.
  • Owner’s coverage: Owner’s insurance is not required, but is recommended. It lasts as long as you or your heirs have interest in the property, which may be even after you have sold it.

What Does Title Insurance Insure?

The title insurance process starts by research into the public records of the property in question before closing. This reveals any pertinent information to determine whether insurance is possible. This could reveal title hazards, such as outstanding mortgages, deeds or trusts with incorrect or misspelled information, pending legal action against the property, and more. With this knowledge, any issues may be resolved to prevent issues in the future. However, even with these preventative measures in place, other title defects may present themselves, perhaps due to mistakes in the public records or other issues. Title insurance protects you financially in the event of these issues presenting themselves after closing.

At The De Bruin Law Firm, we are experienced in a variety of title-related services, including title examinations and title insurance policies. Contact us today to learn more.

5 Essential Tasks Of A Real Estate Closing Attorney

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Whether you are buying or selling real estate, it is important to have an attorney for your real estate closing.  A real estate attorney ensures that everyone understands the complex legal process that real estate closings are, and that everything is above board. In order to better protect consumers during the closing process, South Carolina requires many aspects of a real estate purchase and refinance closing to be completed under the supervision of an attorney. For a more specific picture of what exactly a real estate attorney does during real estate closings, read on below.

Title Examination

A clear property title is essential for the buyer and lender in a real estate closing. Once the purchase agreement has been received, we can begin examining the title. For the sake of the buyer, we will evaluate the restrictions, encroachments, easements, and whether the title clearly allows the seller to transfer it to the buyer. We will then identify if there are existing mortgages on the property that must be satisfied in order to transfer the title over. For the sake of the lender, we will create an overview of any judgments, mortgages, or liens in existence that must be settled before closing. Any concerns about the status of the title are addressed during this process.

Title Insurance

Title insurance is important because if there is a problem with the title in the future, it protects the buyer and the lender. After the title examination, your real estate attorney from De Bruin Law Firm writes an opinion about the title for the title company so they can issue a title binder, which is necessary for obtaining title insurance. Title insurance is absolutely essential for the lender because they must assure that it is in the first lien position of the property, but it is optional for the buyer. However, it is best to go through with title insurance, given that it is relatively inexpensive and protects the buyer’s rights to the property.

Coordination

The real estate closing attorney also coordinates all of the parties involved in the closing. This means that the attorney must communicate with the buyer, seller, and lender, and any additional players, such as brokers, surveyors, the homeowner’s insurance company, home inspectors, contractors, homeowners’ associations, and more. The closing attorney must coordinate all of these parties in order to ensure that the closing occurs in a timely manner. Throughout the entire process, the closing attorney is necessary for communication, but is especially crucial when preparing the settlement statement and when confirming the dates and amounts of money needed for closing.

Review Of Documents

The day of closing, the real estate closing attorney must be present to go over the various documents. The closing attorney can offer explanations for any confusing documents, such as the deed, settlement statement, and loan documentation.

Record And Disbursement Of Funds

Finally the closing attorney must close the transaction and distribute all the funds. After reviewing all the documents, the real estate closing attorney will make a final review of the title and deed, then issue the final opinion on the title and pay the title company. The closing attorney will then distribute all of the funds in the transaction, such as brokerage fees, county taxes, homeowner’s insurance premiums, inspection fees, seller’s proceeds, and the attorney fees.

Clearly, a real estate attorney is essential for a real estate closing. When you need a real estate attorney to help you buy or sell real estate in South Carolina, De Bruin Law Firm has the experience you need. Contact us today.

3 Issues That May Come Up During A Refinance

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Refinancing a home can be a really big task that has the potential to get complicated quickly. There are many different reasons a homeowner might want to refinance from wanting to lower the interest rate on the loan, remove the PMI, or receive an infusion of cash to improve the house. Even in the case of a refinance, an attorney is required for many of the aspects involved with the closing in South Carolina. Contacting a closing attorney early in your refinance process may be beneficial. Let’s take a look at what these issues are and why you might want to call De Bruin Law Firm for assistance during your refinance.

Timeliness

Whether buying a new home or refinancing your existing home, having all of the evaluations and paperwork complete by specific deadlines is essential. What can happen is banks will continue to ask for current paperwork as they push out your refinance up to even 90 days. If your bank is giving you the run around, it could be beneficial to bring in a real estate attorney to protect your investment and time.

Low Appraisal

Receiving a low appraisal can also be a really big problem when refinancing. The appraisal dictates what the bank is willing to do in terms of relieving you of the PMI or cashing out for improvements. There are several steps that can be taken to escalate this problem, which is often why you need to consult with a real estate lawyer.

Negotiations

Having a good attorney on your side means that if things escalate, negotiations need to happen. A real estate lawyer can help avoid disputes and protect the borrower’s rights throughout the process. If you’re thinking about getting your home refinanced contact Bryan De Bruin at the De Bruin Law Firm to handle you closing.

3 Reasons To Hire A Lawyer For Your Commercial Property Purchase

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Buying commercial real estate, much like buying residential real estate, is a large investment. There are many complexities and intricate details that are involved with the purchase, along with the large financial risk. Having a real estate attorney on your team throughout the process provides benefits and protection to you as the buyer. Here are three reasons you would want to hire a real estate attorney when purchasing commercial property.

Unique Details

The purchase of commercial property is rarely straightforward. Problems that could come up include corporate ownership, leaseholds, tenant claims, or environmental issues. These are not easy to resolve and need the help of a real estate attorney that can work through the difficult legal issues that will arise.

Negotiations

The number one benefit to enlisting the help of a real estate attorney is their strong negotiation tactics. Because of the large investment, negotiations can become emotional. Utilizing the skills of a third party who knows the intricacies of the law and has a fiduciary responsibility to their client means that you will get the best resolution possible to benefit you as a buyer.

Reduce Risk

Unlike renting to individual tenants, which can be done with standard legal leases, negotiating long term leases or purchasing property that may have risk associated with them needs the help of a real estate lawyer. The lawyer is able to protect your finances and look into any idiosyncrasies with the property. This reduces your overall risk and improves the overall transaction.

We pride ourselves on our ability to provide the quality service throughout all aspects of your real estate closing. If you are 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.

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.

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