Purchasing or selling a home, or other piece of land, is likely the largest transaction that you will complete during your lifetime. When making this massively important decision, it is essential to know that you have covered your bases and protected your legal rights.
One way to do this is to hire an Edmond real estate lawyer. We work to protect your interests during the sale, as well as handle any complications that may arise immediately after the transfer of ownership. From drafting real estate sale contracts, to negotiating terms, to ensuring compliance with the terms of the sale, a trustworthy attorney is committed to helping you with this important development in your life.
Understanding Real Estate Contracts
The sale of real estate is essentially a collection of contracts. These contracts outline the sale price for the property, the timing of the transaction, and the guarantees that the parties make concerning the sale. Being able to properly draft these documents and negotiate favorable terms is essential to the real estate sale process.
An Edmond real estate attorney could take the lead in overseeing the contracts and transaction so that you do not make a mistake or get taken advantage of. Our job is to understand your needs for the transaction, determine what terms are acceptable to both parties, and draft documents that clearly state the rules for the sale and meet the relevant legal requirements. These are not actions that a real estate agent can take, only someone with a strong legal background.
Protecting Clients at All Stages of the Process
The closing of a real estate transaction is the point in time where an owner hands off the property title in exchange for the payment. But our job begins much earlier than that, like ensuring that the seller owns a good and legitimate title to the land. An Edmond real estate lawyer could perform a title search as a prerequisite to any real estate transaction.
During the closing, we make sure that all of the necessary documentation is present and double-check for accuracy and completeness. Finally, we record the documents with the appropriate County Clerk.
Sometimes the role of a real estate attorney does not necessarily end with a closing. If a party does not vacate the property on time or does not present the land in the condition as disclosed in the sale documents, a breach of a sales contract might occur. For example, there might be structural flaws on the property that pose a hazard or will be expensive to replace. This could lead to lawsuits in civil court that demand payment as a remedy or that seek to void the sale. According to Oklahoma Statute § 12-95, you have five years after learning of a breach to demand compensation in a civil courtroom. However, certain lawsuits pertaining to a real estate transaction may have a shorter, two-year statute of limitations. For instance, a lawsuit based on a property owner’s or realtor’s failure to disclose a known defect requires that a buyer pursue a lawsuit within two years of the date of the purchase. Hiring an Edmond real estate lawyer could help to protect your legal rights during a real estate transaction before, during, and after the sale of property.
Let an Edmond Real Estate Attorney Facilitate the Sale of Property
Ensuring that your legal rights are protected during the sale of real estate is vital. You must follow the correct legal procedures while also confirming that the contracts meet your specific needs.
An Edmond real estate lawyer could help in both these areas. We do our due diligence in investigating whether the seller has the legal authority to transfer the property and can take the lead in drafting contracts that meet the required legal standards, as well as accurately reflect the needs of both parties. Finally, we promote compliance with the signed contracts and attempt to work out a remedy in the event of a breach. Contact us for a free consultation and discuss what we can do for you.