We’ll Explain the Terms, Advise on Paperwork & Provide Guidance
The terms of your real estate contract are vital to protecting your rights as a home or property owner and cannot be revised once your contract is signed.
Buying or selling a home or property should be an exciting and joyful experience. If you are buying, selling, or refinancing a home or property in the Jacksonville, Orange Park, St. Augustine or anywhere in North Florida, having a local board certified real estate attorney act to work with you throughout the entire process will minimize your risk of future disputes and ensure your transaction goes smoothly.
Getting through real estate, financial, and insurance contracts can be a tedious and complicated process. We have the knowledge and 28 years of Florida real estate law experience to make buying a home or property easy for you, while making sure the terms of the real estate contract work in your best interest. Without proper and experienced real estate counsel, you risk potential litigation and financial liability. .
Before the purchase or sale, our St. Augustine real estate lawyers will review your contract and help you identify issues that may expose you to risk or tax liability. Prior to signing a sales or purchase agreement, call an experienced attorney at Ansbacher Law.
A real estate sale agreement or contract is the first document the realtor will give to a prospective buyer and the most important step in purchasing a home or property. The best time to retain an attorney is before the contract is signed, since the terms of your contract can not be corrected once your contract is signed.
Items to Consider Before Signing Your Sales Contract
- What buildings and land are included in your contract? Are the appliances, fixtures and window treatments included or any other furnishings included? Which items are excluded?
- Does the contract have the correct property address, legal description and/or parcel identification number that corresponds to that listed on the deed.
- What payments are due under the contract?
- When will you be able to take possession of your home or property? If you take possession on a date other than the date of closing, is there an Occupancy Agreement? Does your occupancy agreement specify who is responsible if there is a fire or other casualty before closing? Who will obtain and pay for insurance during the occupancy period?
- Have utilities been installed and paid for? Are the utilities ready to transfer on the day after the closing date?
- Can the seller provide good title? It is important to make sure there are no previous claims to all or some of the property or claims by those involved in the remodel or construction of a home or structure on the property.
- Ask your real estate lawyer about the difference between a quit claim deed and a warranty deed. It is important to understand your obligations if you are taking title either as a trustee or as joint tenant with right of survivorship.
- Who pays for the title insurance if the offer is accepted and who selects the escrow agent?
- Who should pay for a surveyor to locate the improvements on the property and confirm that there are no encroachments onto or from nearby properties?
Who will pay the loan closing costs if there is a loan from an outside vendor? - What happens if your loan is denied? Can you cancel the contract get your deposits back?
- Who pays the cost of repair if termite damage is found during inspection?
- What are the zoning regulations and restrictions on the use of the property and how will they affect you?
- How long do you have to accept or refuse a purchase?
- If your offer is accepted, how can you ensure the improvements will be made prior to the closing?
- Who needs to sign and accept the offer to make it binding?
- What happens if the boundary lines are not properly specified?
- What are your water, timber and mineral rights?
- What happens if the buyer or seller fails to fulfill a contractual obligation
- Who is responsible for paying for the real estate broker?
- Who is responsible for paying for federal special assessments, homeowner or condominium owner assessments prior to and after closing? Does the contract allow time for you to review the association’s bylaws?
- How long should the buyer have to inspect the property?
- Does the seller know of any defects? Can the lawyer recommend a particular disclosure form? Has a written disclosure or denial of any defects been completed?
We also assist clients facing complex real estate disputes. We have the experience to negotiate or litigate all types of residential real estate disputes, including landlord-tenant issues, lease audit litigation, real estate fraud, breach of real estate contract, and foreclosures.
Call the office of Ansbacher Law today at 904-737-4600 to arrange a consultation with one of our experienced Florida real estate attorneys.
