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Residential Real Estate

At Nash & Lodge, our highly qualified real estate attorneys can assist you in selling or buying your home or vacation property. In many cases we are able to offer you a flat fee option to represent you in these transactions.

If the transaction doesn't go the way you planned it, our knowledgeable attorneys can help you keep the transaction moving forward or will help get you out of the transaction under the best possible terms. When problems arise you can't afford to go with anyone but the best.
 
In many situations buyers and sellers close a transaction believing that everything went well only to find out years later that there was a problem that they were not aware of when they closed.  In most situations buyers and sellers are taking risks that they are not aware of or are not getting the best protection that is available to them.  We can help spot those issues so that they are dealt with prior to closing and will make sure that you have the most protection possible in your transaction. 

Our firm offers a wide range of services to our individual and business clients. In many cases we are able to offer flat fee packages. Because our firm is relatively small, our clients benefit by getting personalized, quality service that is beyond comparison. Below we have listed the services that we offer to our clients along with a brief description.

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Sellers

Sellers need to make sure that the purchase agreement is structured to best protect their needs.  Can the buyer back out of the deal?  Can the seller continue to market the property?  What costs are paid for by the seller?  All these questions and others are addressed by the purchase agreement.  Everything that the seller wants to happen or wants to avoid should be clearly addressed in the purchase agreement.  Once the purchase agreement is signed by the seller and buyer, their obligations and rights are locked in place.  For this reason, if you want us to review a purchase agreement that has already been drafted it is best that we review it before it is completely signed or there must be a clause in the purchase agreement that makes the agreement contingent upon the review of your attorney.  If such a clause is not in the purchase agreement and it is fully signed, we can still review it for you to let you know what your rights and obligations are but you are already bound to them whether you like them or not. 

 

 

Buyers

When buying a home a buyer is making the biggest investment of their lives.  Many legal documents are signed by buyers that have no real idea what they signed.  These are complicated legal documents that create rights and obligations that can greatly help or hurt the buyer.  Many homeowners have recently lost their homes because they entered into loans that they didn't fully understand.  While many people in the real estate process will try to help you understand these legal documents only an experienced, real estate attorney can truly advise a buyer as to how these documents can affect them now and in the future.              


Need a Warranty Deed, Quit Claim Deed, Contract for Deed, purchase agreeement or any other real estate document drafted?  Click the following link, fill-out the information form and send it to us and we will provide you with a flat fee quote for the work.  Don't let just anyone draft these documents, make sure that the documents are drafted by an experienced, knowledgeable real estate attorney that can explain the meanings of the documents and protect your interests.  Real Estate Information Form

Common Questions:

 Question:  Aren't all purchase agreements the same?

 Answer:  No!  While there are common forms that are routinely used, the effect of the purchase agreement can be drastically changed by which forms are used, what terms are added or what terms are not added to the purchase agreement.

 Question:  If my lender agrees to a short-sale mean that my lender/s can't sue me on what I owe them?

 Answer:  No!  If a lender agrees to a short-sale and only agrees to release the mortgage on the property and does not agree to satisfy the loan, the lender/s can later sue you   for the debt that is still owing after the closing.

 Question:  What is a title commitment?

 Answer:  It is a document prepared by the title company prior to the closing that contains the title insurance companies promise as to what title insurance they will provide, what conditions are attached to their issuing the insurance, what exceptions there are to the coverage and to whom they will provide it to.

 Question:  If there is a title problem, will the title commitment show the problem?

 Answer:  If the title company discovered the problem, the title problem will be shown as an exception; however; the title company has no obligation to expressly state that the exception is constitutes a title problem so you must know how to read the title commitment to determine if you are obtaining the complete and sufficient title coverage.

 Question:  Do I need to hire a real estate agent?

 Answer:  If a seller does not have a buyer and needs help finding a buyer hiring an experienced, knowledgeable real estate agent can be a great asset.  If the seller has already found a buyer it is not necessary to hire a real estate agent.  

 Question:  what is the role of a real estate agent in a residential real estate transaction?

 Answer:  The real estate agents job is to finding a buyer for the seller or a property to buy for a buyer.  While real estate agents are allowed under the law to draft purchase agreements, the fact is, they generally are not lawyers and are not qualified to advise sellers or buyers of their legal rights or the legal consequences of signing a real estate document.  We often work closely with real estate agents so that we can use our combined expertise to better protect our clients.