How Myrtle Beach Attorneys Help in Real Estate Matters
Real estate law is very complex, involving state and federal statutes, common law, and property law matters. Therefore, dealing with real estate law is not easy and most people buying or selling property consult a real estate lawyer.
Real estate lawyers in Myrtle Beach offer broad services
Myrtle Beach attorneys can help you in commercial and residential real property transactions relating to:
- Representation, litigation, consultation, and negotiation of mortgages
- Residential and commercial purchase and sales agreements
- Commercial leases for offices, restaurants, motels, and shopping centers
- Contract review and preparation
- Partnership disputes and broker issues
Apart from representing clients during these transactions, attorneys are also experienced in a broad spectrum of other mediation, negotiation, summary, mini-trials, and other dispute resolution services. If you have real estate law issue or plan o buying or selling a property, contact a real estate attorney in Myrtle Beach who also focuses on corporation formations, limited liability companies, and partnerships.
To protect the interests of the public in real estate transactions through the effective administration of the Real Estate License Law and Regulations, the state created the South Carolina Real Estate Commission in 1959.
In addition to property sales, there is a large list of real estate disputes that includes non-payment issues, land ownership conflicts, franchise issues and many more. The Myrtle Beach real estate attorneys will address all your issues and resolve all the real estate matters through mediation and litigation.
Florida Real Estate FAQs
What does a real estate purchase or sale entail?
Generally, the procedure follows these steps:
- Due Diligence
- Contract
- Mortgage
- Title Search
- Closing
How long does the above transaction take?
The time line for the above is generally about 90 days from contract to closing.
What is due diligence?
This is the "pre-contract" investigation into the purchase. For houses, an inspection is strongly advised to assess the physical integrity of the building. After the due diligence is done, it is time to sign the contracts, which will be prepared by the seller's attorney and sent to the buyer's attorney.
What happens at the contract signing?
Typically, the buyer will meet with their attorney and review the contract. Each contract is unique. The buyer will sign the contract and deposit 10 percent of the purchase price which is held in escrow by the seller's attorney until closing. The contracts will be sent to the seller's attorney for counter-signature by the sellers and returned to the buyer's attorney.
Do I need a mortgage broker?
Buyers are strongly urged to utilize the services of a licensed mortgage broker. It often takes between 45 and 60 days to obtain the mortgage commitment.
What is a title search?
Most attorneys wait for the mortgage commitment to arrive before ordering the title search. The search will disclose
What takes place during a closing?
When all of the above has been accomplished &/or obtained, and all "pre-closing" documents have been filed (e.g. UCC1 form to be pre-filed in co-op deals) and the bank has "cleared" the file to close, a closing can be scheduled. This involves bringing all the various parties and attorneys together which can present scheduling dilemmas and takes at least a week to accomplish.
What items is a seller responsible for providing?
Of course, the procedures for sales are the same as purchases, above. However, the parties' responsibilities differ. The seller(s) of a house, co-op or condo must provide the attorney with the documents and information needed to prepare the contract of sale. This may include:
- The deed (for houses and condos)
- Existing mortgage or loan information
- Tax info
- Purchase price
- Timing peculiarities
How does foreclosure happen?
When a homeowner fails to make mortgage payments, a foreclosure may take place. This means that the homeowner loses all rights to their property. The bank or mortgage company then sells the property to recover their investment.
Duane C. Romanello - Jacksonsville Foreclosure Lawyer
1919 Blanding Blvd., Suite 8
Jacksonville, FL 32218
904-384-1441
Your Texas Real Estate Closing
What charges you can expect
If you are in the process of purchasing a new home or business, it is an exciting time in your life. You finally saved up enough money for a down payment on the property of your dreams, and the seller has agreed to the purchase. So everything is settled, right? Not exactly, as those who are unfamiliar with buying property may be surprised to learn that Texas real estate closings have additional fees associated with them, fees called closing costs.
If you are engaged in Texas real estate closings, your lender is required--under the Real Estate Settlement Procedures Act, or RESPA--to fully disclose all fees associated with purchasing your property. However, some of these fees still come as a surprise to the inexperienced buyer, and can include the following:
- Loan origination fees
- Mortgage interest
- Escrow items
- Transfer of title and deed charges
- Recording fees
- Public record of sale
How much will a real estate closing in Dallas cost me?
It is hard to say exactly how much real estate closings in Dallas will cost. They are often negotiable, and can even be paid for by the seller and worked into the purchase agreement. It is not uncommon for a closing to amount to thousands of dollars on a piece of property. A good way to estimate closing costs is to assume that they will be approximately three to six percent of the purchase price, depending upon the circumstances under which the property was acquired.
Before you do close on any type of property, be sure to have an attorney look over the forms, documents, and contracts that you plan to sign. Real estate law is complex, and the statutes can be altered at any time. You must make sure that you are getting the best deal possible, and that no one is attempting to shortchange you in the process. Hiring an experienced attorney to oversee your transactions is the best way to limit your closing costs, and to make sure that they are legally sound.
Information in this post gathered in association with an Atlanta bankruptcy attorney
Dallas Real Estate Law Firms and Eviction Proceedings
Eviction is when individuals, usually tenants, are removed from dwelling places due to the non-fulfillment of some part of their lease agreements or dwelling contracts.
What exactly are eviction proceedings like in Texas? And how can a Texas real estate law firm help you if you find it necessary to initiate such an action? These are questions that need to be asked.
Dallas real estate law firms help with each step
If you do need to evict a tenant for violation of a lease agreement, dwelling contract or other reason, you must do so using the proper legal procedures. You do not want to be accused of cruelly forcing someone out on the street, when all that you are really attempting to do is regain rightful control of your property. The appropriate way to start an eviction is as follows:
- Give your tenant written notice that he or she must vacate the property. Although, technically, you are allowed to give verbal notice, it is highly recommended that you obtain proof that a notice was served. This typically involves telling the tenant to vacate in writing, either in the presence of a witness, using certified mail, or by hiring a professional courier. Unless the tenant signed a lease stating otherwise, a landlord must wait three days after the notice is delivered before he or she can file an eviction petition with the local court.
- File the petition for eviction. The Eviction Form for Texas, which can be obtained at the local county courthouse, is the document that you need in order to begin a legal action. Be sure to complete and file it in the county and precinct in which the property is located. One of the county clerks should be called upon to act as a witness to its signing--or better yet, to notarize the signature. You will have to pay court costs that cover such things as filing the petition, holding a hearing, and serving a citation to the tenant indicating that eviction proceedings have begun.
Texas real estate litigation
It may be necessary to retain the services of a Dallas real estate attorney that specializes in real estate contracts if your tenant fails to cooperate with the eviction proceedings. A skilled lawyer can help protect your best interests in the following ways:
- Attending the hearing. An eviction hearing will be held after you file the original petition. This is where a judge hears evidence as to why removing the tenant is necessary and legal. You can bring witnesses, and present documents and other pieces of evidence that help to bolster your case. Unfortunately, the tenant can do the same. That is why it is recommended that you have a lawyer present who can explain things to the judge in an efficient and convincing manner.
- Launching an appeal. If the results of the hearing prove unfavorable to you, an appeal may be needed. This is another way in which an attorney can help you. It is important to note that, in Texas, you have only five days after the original verdict to appeal the decision of the court.
Information in this post gathered in association with a bankruptcy lawyer in Albuquerque
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