McCoy & Hiestand Attorneys at Law

Whether you are preparing to buy your first home or find yourself in the midst of a foreclosure proceeding, transactions involving real estate often involve extremely complex legal procedures. Investing in real property is an important event that will have lasting consequences on both the buyer and the seller.

Obtaining the assistance of an attorney with experience in this type of law to help you navigate this process can be invaluable. Having an attorney on your side to represent your interests will allow you to make fully informed decisions and can help avoid costly fines, unnecessary expenses and delays.

Our Louisville real estate lawyers can assist you in a wide range of transactions and disputes relating to the sale, acquisition, and development of real property, and are intimately familiar with all the legal requirements that apply to this specific area of the law. If you are involved in a real estate transaction or dispute of any kind, our experienced attorneys can help ensure that your interests are protected at all times.

How a Real Estate Attorney Can Assist You

Real estate attorneys most often assist buyers or sellers who are involved in the purchase or sale of real property. However, there are many different situations in which the assistance of a lawyer with real estate experience can be helpful, including:

  • Landlord-tenant disputes
  • Negotiating and drafting lease agreements
  • Local planning, zoning and development requirement disputes
  • Foreclosure proceedings
  • Quiet Title Proceedings
  • Obtaining financing
  • Real estate closings
  • Obtaining title insurance
  • Conducting due diligence

Almost all transactions or legal proceedings involving real estate require a great deal of paperwork, as well as strict adherence to deadlines and state and federal requirements. It is very easy for those without experience in these types of procedures to become confused or fail to fully understand the legally binding contract they will be signing.

There can be serious consequences to signing a closing statement without fully understanding all the terms contained therein, including exposure to liability. An attorney who understands the specific requirements and terms that control real estate transactions will help you ensure your interests are protected.

Important Laws Relating To Real Estate Transactions

If you are in the process of buying or selling a piece of real property, obtaining legal representation before finalizing your real estate transaction can help protect you from inadvertently exposing yourself to liability.

As with any contract, it is important to ensure that you understand all the provisions of your HUD-1 statement before signing it, as it is a legally binding document. It is equally important to ensure that the HUD-1 statement accurately reflects the transaction that is taking place, as it provides the federal government with a record of what money and real property changed hands.

Signing an inaccurate HUD-1 form constitutes a federal bank fraud violation and can have serious consequences. In the same way, you should have an attorney review any deeds drafted during your estate transaction to ensure they are legally valid, accurate representations of your contract. Filing a deed that does not accurately represent the purchase price of a piece of real property can constitute a felony offense.

An experienced real estate attorney can assist you in every step of the process of buying or selling a piece of real property, including negotiating and drafting the sales contract, obtaining title insurance and financing, preparing the deed, and attending the closing.

Many prospective purchasers of real property mistakenly believe they do not need to hire private legal representation because their mortgage provider has already obtained a closing attorney. It is important to understand that in most cases the closing attorney represents the interests of the finance company, which may not always align with those of the buyer.

To ensure that your legal interests are faithfully represented at all stages of your real estate transaction, it is imperative that you retain an attorney to advocate for you and you alone.

Contact A Louisville Real Estate Lawyer Today

Whether you are considering purchasing, selling, or developing a piece of real property, it is vitally important to ensure that your legal interests are protected when entering into these contracts.

Equally important is ensuring you have an attorney who understands the law to advocate for your interests in disputes involving zoning or planning requirements, lease agreements, or foreclosure proceedings. While real estate agents are primarily concerned with the technical requirements involved in real estate transactions, a real estate attorney will ensure that your best interests are prioritized.

Buying or selling real estate can come with a lot of opportunity, but also a lot of risk. That is why it is so important to get it right. A Louisville real estate attorney will guide you through the home buying/selling process, review your home inspection to raise any and all concern, and be there to protect you in the event of a dispute.

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