Real Estate Law- Buying or Selling a Home

Leaving property to your family is a goal for many people. We can prepare documents that would allow you to maintain control of your home and your family would receive it without going through probate.

Also selling and buying a home can be very complicated and expensive=even if using a real estate agent. Many situations can cause expensive issues such as inspections. Our real estate attorney can protect your interests and save you time and expense, and reduce your stress. Buying and selling a home is the most expensive transaction most people deal with in their lifetime.

Our real estate lawyer can provide invaluable insight if issues arise during the sale, such as these:

  • A For Sale By Owner (FSBO) arrangement is the process of selling your home without the representation of an agent. We can guide you through the numerous steps of the process and provide invaluable insight if issues arise during the sale.
  • You’ll need to settle any existing judgements or liens on your property before you sell your home. Our real estate attorney can help you negotiate payment with creditors or lienholders and ensure that these hindrances are removed.
  • Title issues can derail a sale.  Illegal deeds, clerical errors or even previously unknown heirs can delay your home sale. We can help you to resolve these issues.
  • There could be a restrictive easement on your property that scares away potential buyers. Our real estate attorney can determine the durability of the easement and possibly terminate it altogether.
  • Some married couples split up and selling your shared home can be complicated if both parties are named on the mortgage and deed.  If you’re already divorced or in the process, we can help unravel your home’s ownership and manage the disposition of the home, closing signatures and proceeds from the sale.
  • If you’re in financial trouble, our real estate lawyer can help you reach a deal with your mortgage provider to adjust or refinance your loan and avoid foreclosure. If this isn’t an option, we can help you negotiate a short sale with loan forgiveness and any other requirements that will help you move forward.
  • Renters may create unwanted complications when you wish to sell your home. Tenants have rights and you need to respect those rights legally. In addition to any lease agreements, there are laws governing evictions and landlords. Our real estate attorney can help manage the tenant aspect of your home sale carefully to prevent legal action
  • Inheriting a home from a family member can be complicated and trying to sell that home adds trust and tax implications that make the process even more perplexing. Our real estate lawyer can ensure that everything is done in accordance with the law and that your inheritance doesn’t become a financial monkey on your back.

Real estate attorneys address matters related to property, from transactions to handling disputes between parties. We help you to resolve real estate issues and avoid the time and high costs of going to court. If necessary, we offer mediation as well as negotiation in our practice on zoom or in person.

 Real estate law covers deeds, property taxes, estate planning, zoning, and title.

We prepare and review documents relating to purchase agreements, mortgage documents, title documents, and transfer documents. Our real estate lawyer will handle the real estate transaction and attend the closing with the buyer. Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interests of the client.

Real estate attorneys help facilitate real estate transactions. We review contracts, negotiate agreements between buyers and sellers, give title opinions, attend closings, and more.

Hiring a real estate attorney may be a wise investment, especially for short sales, if you’re buying or selling from out-of-town, or in situations with tricky property concerns.

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PHONE: (623) 628-1110
FAX: (623) 240-2609

Arizona Mobile Attorneys

Recent Posts

2023 NEW YEARS ESTATE PLANNING CHECKLIST

It’s time to ring in a new year and, with it, an excellent time to review your estate plan.  If you need changes or help, contact an elder law/estate planning attorney. In the meantime here is a list of things to consider in reviewing that plan:

  • Were there any life changes such as death, birth, marriage, divorce, a move out of state, family relationship issues, or disability?  
  • Do you own real estate in another state, moved from another state, or own a business?
  • Do you have minor children, problem children, or no children?
  • You wish to change beneficiaries or otherwise disinherit someone;
  • Review your beneficiaries on Trusts, bank accounts, life insurance, 401k, retirement accounts, and investments to make sure they exist and this follows your estate plan;
  • If you have a Trust verify that all assets intended for the Trust are titled to the Trust;
  • If you have a partner that you are not married to proper estate planning can give both of you the ability to help each other legally and inherit from each other if you so choose;

If you do not have an estate plan or are not sure where to start in reviewing your estate plan an elder law and estate planning attorney can be invaluable in helping you with this task. 

At Arizona Mobile Attorneys we stand ready to help with any or all of these issues.

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