"Don't raise your voice, Improve your argument."

~ Whitaker Attorneys

Buying / Selling | Lien | Taxes | Trusts | Quit Claim / Deeds

 Purchasing a Home

Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special issues of practice, and problems not present in other transactions. A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal problems. This happens quite often; realtors often use standard forms, expecting that they will cover all circumstances or will be easily customizable for unusual circumstances.

Addressing Liens

Another vital service that attorneys perform is called a title search. Title searches are completed by or through attorneys, and their purpose is to make sure that the property being sold is free of any encumbrances, such as liens or judgments. The outcome of the title search is extremely important because it reveals whether the seller has the legal right to sell the property in question. An attorney will be able to provide this service much faster, and often with less cost because real estate attorneys have working relationships with title search companies. An attorney can also provide services in order to help you through removing a lien or judgement on your property in order to sell. If you are unsure if you have a judgement against your home, let us run a title search for you.

Property Transfers

When one or more parties are corporations, trusts or partnerships, the contract preparation and the ensuing negotiations are complex. An attorney understands these different types of business arrangements and their legal boundaries within your state's law. As such, the attorney will ensure that the contract is consistent with the law, but also that the terms of the deal in no way violate the partnership's, trust's or corporation's charter agreements.

Filings

Real estate deeds often need to be filed at the county and state level. An attorney will be able to do this quickly and efficiently. Also, if the transaction involves property where certain types of construction might not be allowed, an attorney will be able to navigate the maze of state regulations so that you may complete the transaction. If the transaction revolves around commercial property, securing an attorney is even more important. The attorney will be able to cut through governmental red tape to obtain your tax identification number from the state, as well as establish your corporation or sole proprietorship as a valid business entity for state tax purposes. An attorney may also secure your actual business license through the municipality as well.

 

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