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Debbie Ferguson Debbie Ferguson

Real Estate Attorneys Make Selling Your House Easier

A high angle photo of a suburban neighborhood
A high angle photo of a suburban neighborhood

Many people don't realize how much a real estate attorney can help when they're selling a house. The thought of hiring a lawyer to help sell your house may seem like a luxury, but, in some states, it is actually a requirement. Having a real estate lawyer on your side when things get complicated for the average homeowner - or even a real estate agent - can be invaluable, and our Legal Subscription Plans for Families and Individuals makes having a lawyer during the sale of your home affordable.

Local Laws

Some are surprised to learn that there are local laws surrounding the sale of real estate, and violating them unknowingly can be costly. A real estate attorney can walk you through any local laws or regulations and advise you on how to comply with them.

For Sale By Owner (FSBO)

When a home is sold without the aid of a real estate agent or a broker, it is called a For Sale By Owner (FSBO) arrangement.  While it is not illegal to sell your home without a professional representing you, there is a considerable amount of paperwork, documentation, and regulations that you will need to navigate. If you are selling your home on your own, a real estate lawyer can advise and guide you through the process and give you additional guidance if issues come up.

Judgments and Liens

Before you sell your home, you'll need to settle any adjustments or liens on the property. These kinds of issues should probably be addressed before listing the property for sale as they can scare away potential buyers. An attorney well versed in real estate law in your state can help you negotiate payment plans or otherwise ensure that these roadblocks are removed.

Title Search

Liens and Judgments typically are found during the title search process, but the title search can also uncover other problems, such as clerical errors, unknown heirs or claimants, or illegal deeds, any of which can slow down or stop the sale process. Real estate attorneys are experienced dealing with these issues and can prove invaluable.

Easements

An easement is an agreement with another party that grants them rights to access your property or build on your land for certain purposes; for instance, the local government may have the right to put in utility lines through your land. Certain buyers may turn down buying your property based on these agreements, depending on how restrictive they are. A lawyer can help you through the process of determining the restrictions and how durable the agreement is and if the agreement may be dissolved, and, if so, how that can be done.

Home Sales After Divorces

Selling a shared marital home can be stressful, and the situation can be complicated if both spouses are named on the deed. A real estate attorney can help you unravel the question of ownership and the division of the asset.

Foreclosures

When the unexpected happens, having an affordable option to legal advice can help you move forward without breaking the bank. A real estate attorney through our network of qualified, dedicated law firms can help you negotiate with your mortgage lender to adjust or refinance your home, helping you avoid foreclosure. If this option won't work, your lawyer can also help you negotiate a possible short sale with loan forgiveness.

Tenants

Renters can help with a mortgage, but they can also sometimes present their own set of problems, especially when you want to sell your home. Tenants have rights and cannot be evicted because you're selling your house. An attorney can advise you on the legal aspects of your tenant so that you stay within the law to your renter and selling your home.

Estates

When you inherit a home, selling the asset can be complicated. Estate sales are one of the main reasons that people contact attorneys regarding real estate, and for good reason. An experienced, dedicated real estate lawyer can make sure that the sale of an inherited property is done properly and that the tax burden doesn't weigh you down.

All of the above aspects of selling a home are great reasons to contact a real estate attorney if you're considering selling property, and with our Legal Protection Plans for Individuals and Families starting at just $29.95 per month, it is an affordable option to making sure that the sale is as easy and stress-free as possible. Learn more about all the benefits of our legal subscription plans or sign up today!

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Debbie Ferguson Debbie Ferguson

Avoiding Common Home Buying Pitfalls

Keys hanging from a door lock
Keys hanging from a door lock

Buying a home can be both exciting and terrifying, so it's no surprise that many find the process overwhelming, and find themselves unprepared for the details and work involved. If you're a first-time home buyer or are unfamiliar with the process, mistakes can happen, and when it comes to purchasing a home, there isn't any room to learn as you go. Mistakes can cost thousands of dollars or even the chance at buying your dream home. With that in mind, here are a few things to consider when buying a home:

Think About The Financial Aspects

Common sense tells us that home ownership can be expensive, but it is worth taking the time to account for the costs involved in the houses you're considering. First is the upfront costs - the down payment and closing costs - and although you may be able to make a smaller down payment, that will eventually translate into a higher monthly payment, and, potentially, higher home owner's insurance. Then, there are moving costs, property taxes, and home insurance, and, potentially, the costs of renovations, alterations, repairs, and maintenance... it all adds up.

Getting approved for a loan isn't the end of the financial process: it's the beginning. Credit lenders check your credit when you apply for a loan, and again right before closing, and if there is a significant change to your credit score in between those times, it can put your home loan at risk. Prospective home buyers should put any shopping off until after closing, and spend that time paying down credit balances and other debts.

Finally, there is the mortgage itself. Making the mistake of looking at homes before you've been approved for a loan amount can not only lead to disappointment, but in getting a house you ultimately cannot afford. Considering how much you can really afford each month prevents you from overextending yourself and risking foreclosure and losing everything you've put into your new home. Before you even start looking at houses, calculate your income to debt ratio and your other obligations. Factor in saving for a down payment and figure how long it will take you save that amount of money. Getting your finances in order is the first step to getting the loan you want for the house you need.

Shop For The Right Loan

Eager and excited home buyers often start by looking at homes, trying to find the perfect fit, often leaving the loan process until later. Some even choose to go with the first lender that pre-qualifies or pre-approves them. And while they may be offering a good loan, it may not be the best loan or deal for you and your needs. A home mortgage is a long-term commitment, and usually the biggest expense you'll have for years to come. It pays to shop around for the best offer, particularly when it is your first mortgage. Asking others or a professional for advice is usually the best course of action.

Don't Ignore Problems

It's easy to fall in love with a particular house, the neighborhood, or its location, but that may cause you to overlook some fairly serious problems. You may overlook serious problems or think that major repairs might have easy fixes or that you can live with the problems for a while. Most homes are going to have some issues, but problems with the foundation, roof, structure, heating and cooling systems, plumbing, and electrical are almost always very costly repairs and should be red flags for additional consideration. Getting a thorough home inspection done is part of the closing process, but you can usually see major problems on your own. Not every issue is a deal breaker, and if it is your perfect home, you may be willing to tackle the repairs and renovations. But it is still very important that you identify every problem, not only so that you can determine what needs repaired and what it will cost, but also so that you can perhaps negotiate a better sales price based on repair costs.

Ask An Experienced Real Estate Attorney For Advice

Think this is out of your budget? With our individuals and families legal subscription plan, you'll have access to qualified, experienced attorneys in your area 24/7 to go over contracts, agreements, and other real estate documents before you sign! These document review services are available at no extra charge when you sign up for a legal subscription plan. Avoid potential pitfalls in the home buying process and even when negotiating repair work. Learn more about our subscription based legal plans here!

Home Buying Pitfalls

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