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Legal Considerations When Buying & Selling Property

Real estate is one of the most expensive transactions most individuals will engage in their lives. Right from the moment you locate your house of choice to the moment you are given the keys, it’s vital to get to understand the legal responsibilities that come with real estate.

Below, we will help expound on three legal concerns to address when purchasing or selling a home and how you can be assisted by your lawyer/agent throughout each step. Don’t handle the process alone. It’s very important that every particular aspect of the contract is complete and agreed upon for the contract to be legally enforceable.

What takes place at the closing?

After all, the contingencies are ironed out and amendments signed, the whole process can come to a close. The offer entails the closing date of the transaction. It’s advisable to have your attorney present at the closing, to offer much-needed guidance through each step of the numerous and complex legal documents. Attorneys are good at spotting those contract areas likely to cause legal problems. They will also help with countering some unanticipated complications that can come up during closing. When the closing is done, the deed is then handed to the deeds registration office of the county where the property is located. This will become a public record acknowledging the buyer’s ownership of the property. After a copy of the deed is recorded, it is given back to the buyer. The buyer will also expect to receive the title insurance policy. Your attorney will analyze these legal documents to be precise on legality.
Read Also – Legal Procedure to Sell a Property in India

What does “for sale by owner”(FSBO) entail

It’s also possible to buy and sell a property without involving an agent. If you decide to eliminate the Agent, the need for guidance from an attorney during the buying and selling process increases tenfold.

This set-up is popularly known as “for sale by owner”. From an economic standpoint, when you individually sell your house, you don’t have to pay for services rendered by real estate agents. However, you will have to invest a significant amount of time. You will have to personally handle tasks like analyzing the market, come up with an acceptable price, take care of the advertisements, go through various negotiations with potential buyers, and so on.

Buying a “for sale by owner” considerably varies from a buyer that involves a broker. The buyer will have to research area values to come up with an acceptable offer for the property. It’s advisable to give your lawyer the responsibility of preparing the Offer to Purchase. The lawyer will highlight appropriate contingencies, and also assist you throughout every stage of the transaction. It’s very risky to handle a “for sale by owner” without guidance from a qualified legal representation. Your lawyer can analyze Offers, draw up counteroffers, and assist you in the numerous processes involved in this kind of transaction.
Read Also – Power of Attorney in India

Real estate agents

Real estate agents are involved in most real estate transactions and offer numerous choices such as limiting the number of services they offer. This depends on your capacity to pay. Most property advertisements you notice around are done by agents working for the seller. The agent’s main objective is to help the seller get a satisfying outcome from the transaction.

When an engagement between a buyer and a seller begins, both parties will need assistance from real estate agents, brokers, and real estate lawyers to guide them through the process of documentation to ascertain that everything is handled within the law. If an agent handling a particular aspect of the transaction is unqualified, progress towards finalizing the process will be hampered. Incompetent agents could mean challenges in acquiring financing for the purchaser or making sure the documents are legally binding.

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Other complications can pop-up if some provisions are missing in the files agreed by the two parties. This ultimately leads to problems with completely separating the deed from previous interests or owners. It’s wise to consult with recognized and trusted real estate agents and law firms such as a Los Angeles estate law firm to walk with you in this delicate terrain.

The isolation requirements brought upon us by the Covid-19 pandemic has resulted in increased levels of anxiety and distress in everyone. Physicians and health caregivers are the most vulnerable to mental health deterioration as they work to balance the obligation to provide care to patients with their own well-being, family, and friends.

Read Also – Who is a “SELLER” ?


You can use resources and strategies to better care for your own mental health during the ongoing pandemic. Even with increased vaccine circulation, there still is a considerable amount of time before this pandemic is eradicated entirely if possible. You can use some strategies that may include;

Developing a pattern of monitoring yourself for signs of stress disorder such as being sad for a long time, intrusive memories, difficulty sleeping, or feelings of hopelessness. You can talk it out with a trusted colleague or superior. Keep an open mind while seeking professional assistance if the symptoms get worse.

Regulate your news and social media intakes; give yourself a break from smart devices and computers from time to time. Only focus on information from reliable sources and don’t over-rely on social media feeds.

Adopt the positive practice that has previously worked for you during times of stress. This can include making sure that you have enough rest, eating healthy meals, participating in physical activity, and regularly being in contact with friends and family.

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by Sushree Swagatika

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Legal Considerations When Buying & Selling Property

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by Sheryl Wright

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