Real Estate transaction has a lot of paperwork and legal documentation needed to be read and done. Not all real estate agents and sometimes company will discuss to their clients the lengthy terms and conditions of each deals. Most victims of real estate scams and frauds handled the transaction and transfers by themselves and have suffered harsh consequences. It is better to start any transactions with legal papers with a reliable lawyer who is knowledgeable in every nooks and cranny of the real estate industry. These kind of legal aid is what we call real estate lawyers. But, what are they really and what will they do for you?
Real Estate lawyers' basic job is to read, understand and summarize legal agreements for you.
If you are purchasing, real estate lawyer duties are:
- Review of the Agreement of Purchase and Sale and Status Certificate where applicable
- Arrange and review land title search
- Request other required searches
- Obtain information regarding satisfaction of conditions/deliverables
- Request and obtain title insurance
- Prepare and register transfer
- Prepare and register charge for client and lender
- Receive mortgage funds and rest of closing funds in trust
- Receive keys and deliver to client once released, release closing funds
- Report to Lender and to client
- Advise municipality of change in ownership
If you are selling, real estate duties are:
- Obtain property tax information from client or from City
- Receive, review and respond to requisitions
- Obtain mortgage pay out statement if there is a mortgage
- Review and release transfer
- Pay out existing Charge
- Attend with client for review and execution of closing documents and obtain keys from client
- Receive closing funds in trust and pay out existing encumbrances and real estate commissions
- Deliver key to Purchaser and release keys
- Discharge existing mortgage
- Advise municipality of change in ownership
The most important job a real estate lawyer does for you is to protect from you fraudulent transactions and other scams. If a transaction goes haywire it is their duty to go to court to file legal complaints.
It is really necessary to have a real estate lawyer to back you up in all your property deals but it is your job to inspect the credentials and reliability of the real estate lawyer you want to employ.
