Experience Matters in Real Estate Litigation
Peter Wittlin knows the rules and procedures (including all important deadlines) for the court systems in a number of Southern California counties. He frequently appears in Orange County and Los Angeles County courts.
It bears repeating that Peter Wittlin is extremely knowledgeable in many different areas of law that may touch upon real estate concerns. He regularly provides legal services to clients concerning commercial leasing, business sales, and various probate matters. His knowledge of bankruptcy laws allows for him to resolve real estate matters that otherwise would have been thwarted due to a bankruptcy proceeding going forward by a buyer or seller.
What can a real estate lawyer do?
A lawyer can also help with the following:
- Performing a title search (to see if the property is free of any liens or judgments)
- Guiding the process from the contract stage to closing
- Helping to look over and file real estate deeds at the county and state level
- Making the buyer aware of all relevant facts about the property
- Helping the buyer understand the loan package from lender
Real estate involves a lot of complexity. A lawyer can help you understand the process from beginning to end, and avoid a lot of stress and potentially explosive legal trouble if something isn’t satisfied according to any contracts.
Real estate is purely defined as a piece of land, including any natural (trees, water, valuable mineral deposits, and oil) or artificial things (sidewalks, buildings, and fences) that are a part of it. Real estate can belong to two categories: residential and commercial.
Residential real estate is intended for human occupation by a single family or multiple families. While owners can live in their houses, they can also rent them out to others–causing the real estate to be leased. On the other hand, commercial real estate is more focused on businesses. It includes office buildings, malls, restaurants, and other activities. It can be owner-occupied or leased as well.
While real property and real estate are often used interchangeably, real property is a more broad term. Not only does real property include real estate, it adds a bundle of rights. These rights include the right to sell, lease, use, exclude, enjoy, dispose of or develop the property. It gives property owners to use the property in any way they see fit.
Buying a house? You need a lawyer.
From contract to closing, a real estate lawyer can be a trusted advisor throughout the process.
Mortgages. Foreclosure. Closing on a house.
In some states, you are legally required to have a lawyer when buying a house. And when you need to fill out and understand purchase agreements, mortgage documents, and deeds, it can get complex really quickly.
In this blog, we will break down the process of purchasing or selling a home, the documents you may see, and how a lawyer can help you navigate the process of buying your dream home.
What’s the process?
It seems simple.
When someone wishes to sell a house, they enter into a brokerage contract with a real estate agent. The broker will go find a potential buyer. The seller and buyer will negotiate through the broker. After negotiation, the seller and buyer will enter into formal written contract called the purchase agreement.
Closing occurs after the buyer has satisfied all the conditions of the purchase agreement to the satisfaction of the seller. On the closing date, the ownership of the property is transferred to the buyer.
What are the documents needed?
Some documents that you may see include:
- The purchase agreement is a binding contract that includes the agreed-upon price and any terms and conditions that come from selling and buying a house. An attorney can help write a purchase agreement that can protect your interests.
- A mortgage is a legal document given to the lender when you buy or refinance a house that creates a lien on the property. It gives the lender the right to take the property if the loan is not repaid (if this happens, it is called foreclosure).
- A deed is a document that transfers ownership of real estate. It identifies the buyer (grantee) and seller (grantor), provides a legal description of the property, and has the seller’s notarized signature.
Beyond this list, an attorney can help you discover all of the necessary paperwork required.