I provide a number of different services to clients as a California real estate attorney.
Any acquisition or sale of real estate is just like a business contract. You need to bring me in early to help you negotiate the terms of the deal, and to enter into a purchase agreement that is thorough and describes all the details of the deal.
Many real estate brokers don’t really know or care about some of the basic elements of real estate. They’re just looking to get their commission and close the deal, especially if they have a dual commission representing both sides. Therefore, real estate brokers typically don’t act as the advocate you need on your side to appropriately negotiate the deal. Put succinctly, brokers aren’t lawyers.
As such, it is important to bring a lawyer in at the start of negotiations. A lawyer can help you avoid getting into situations where, say, the property has toxic soil, or there are environmental issues, or there’s water drainage from your neighbor that no one ever said anybody about, or issues with the city, stop orders, red tags, or anything else that may jeopardize the acquisition or sale of your property. You want to deal with those issues in advance before you sign anything.
Our attorneys also offer deed drafting services and ensure all deeds are properly drafted with all appropriate legal descriptions, as well as a number of other services that are essential for any acquisition of real estate or sale of real estate.
What Are Some Potential Issues That Buyers Or Sellers Of Real Estate Need To Consider When Undergoing A Real Estate Transaction?
One major potential issue are improper legal descriptions. There must be an accurate recording of things such as:
- Whether there is a lien on the property, tax or otherwise
- Who is titled on the property
- Infringement by you or the person who you’re selling your property to by the neighbor of the boundary
- Issues with regulatory agencies, homeowners’ associations, or even the city/state.
- Any dispute you have with regard to compliance with environmental issues
- Anything else that may jeopardize your use or the other person’s use of the property.
It’s really important to have somebody on your side who is familiar with these potential issues before entering into an agreement. This is especially true considering the fact that there is usually a deposit made when you enter into these agreements, and those deposits are usually non-refundable. If you pull out under the wrong circumstances once you sign that agreement, it could mean losing $20,000 or $50,000 of your deposit.
Do I Need A California Real Estate Attorney To Buy Or Sell A Property When I Already Have A Broker Or A Real Estate Agent?
In California, something called “dual agency” is allowed. This is a very frustrating term for attorneys. It basically allows brokers to represent both the buyer and the seller in real estate transactions. In my experience, a person that has a dual agency will not push either side very hard, because they just want to close the deal and collect their double commission.
If a broker is representing both sides that way, you just have to understand that the broker is motivated by closing the deal and getting the commission and not necessarily by addressing all the pertinent issues from either side (since that could potentially terminate the transaction and void his commission). This is why it’s important to have an advocate attorney on your side to represent you and you alone. Your attorney can help you in addressing important issues, whether it’s a foundation or water issue or a code issue, or anything else that may have been glossed over by the real estate agent either intentionally or unintentionally.
Additional Information On Handling Real Estate Matters In California
I think it’s important to emphasize the personal service aspect of a small firm like ours. You are getting the same quality of service with a person that has lower overhead, who doesn’t employ 15 people underneath them to do their transactions. Therefore, we are able to get things done at much more reasonable prices, and in 90% of both the estate planning and business services I offer, I do offer a fixed fee quote. That way, there will be no unexpected bills coming your way.
For more information on Handling Real Estate Transactions In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (949) 287-5558 today.
