Showing posts with label Real Estate Law. Show all posts
Showing posts with label Real Estate Law. Show all posts

Thursday, September 23, 2021

Buying a Home at the Lake of the Ozarks: When Choosing an Experienced Real Estate Attorney Really Matters

When buying a home at the Lake of the Ozarks, most people expect to hire a real estate agent, an inspector, and an appraiser.  But what about an experienced real estate attorney at the Lake of the Ozarks?  It is, after all, a legal transaction, and one of the biggest purchases you may make in your life.  At the closing table, there are many different parties and interests that come together.  Who is there for the sole purpose of looking out for what is best for YOU?  When you hire a real estate attorney to represent you through the process, it is their job to look out for your best interests alone.  They don’t get paid by making sure the transaction occurs.  They are not there on behalf of the lender.  They are there just for you.

It may not be as critical on a typical or simple real estate transaction to have an attorney to represent you.  But there are some circumstances when having a real estate attorney involved is more important. So, to help you decide for yourself, we thought we would talk about ways in which an attorney may be beneficial to have when buying real estate.  Keep reading to learn more!

Legal Questions.

In the course of the closing process, you may have some specific questions or legal issues that arise that your real estate agent just can’t fully answer.  A lawyer has the legal background and experience to answer unique legal questions with more depth and detail.  An attorney also has a better understanding of the things that could lead to a court battle and what it takes to prevail.  Just as your real estate agent is very skilled in negotiating things like pricing and inspection results, your attorney will bring a high level of negotiating skills when it comes to your legal rights and the specific language needed to ensure them.

Legal Contracts.

Lawyers don’t just understand the language of contracts, they are well versed in drafting them.  Most real estate agents will use template contracts, they don’t typically write custom contracts.  But sometimes simple modifications or customization of that contract can better represent what the buyer wants or needs.  A real estate attorney will recognize the need for such language changes and be able to provide the proper verbiage.

Complicated Sales.  

Some real estate transactions are more complicated or less regulated, like when there is owner financing or an all-cash sale, or a for sale by owner.  In that case, the terms of the agreement are determined by the negotiating parties.  This is when it is most critical to have a real estate attorney to represent you.  Other examples of more complicated transactions may include:

-Buying a home in another state

-Buying a house with serious issues like foundation or structural damage

-Buying a home through a special sale such as a short sale, an estate sale, or an auction/purchase from a bank.

Sometimes the same applies when selling a property if:

-The home is part of a divorce settlement.

-The home is being sold on behalf of a deceased relative and you are in charge of the estate.

-You have financial circumstances that cause you to sell a property with liens on it.  

These kinds of complicated issues are second nature to an experienced real estate attorney.  A lawyer has the background to fine tune your contracts and legal documents to make them optimal for YOUR needs and help with the negotiations to get all parties to come to agreement.  

If you are preparing to close on a house at the Lake of the Ozarks, we would be happy to sit down with you and talk about your transaction, answer your questions, and help you make an informed decision on whether you would benefit from your own legal representation.  At Gibbons Law Firm, your initial consultation is free, so you have nothing to lose!  Call us today, and feel free to follow us on social media using the links below for more tips and information.

Remember, your initial consultation with Gibbons Law Firm is always free.



Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049


(573) 348-2211

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Monday, March 6, 2017

Buying A House: Do You Need An Attorney?

Buying a house is a thrilling process. It is the start of a brand new chapter in your life, one filled with countless possibilities and responsibilities. Your home will likely be the biggest purchase/investment you make in your lifetime. Not only will you want to be confident that you are making a wise choice financially - you'll want to be confident that your interests and rights are protected.


Buying A House At The Lake 

In a legal sense, buying and selling homes involves the transfer of real property. This transfer process requires that certain extensive procedures must be correctly followed in order for the transaction to be legally valid. Because they are immersed in the processes on a daily basis, most real estate agents are well-versed in the standard negotiations and contracts that are used in typical transactions. However, these standard contracts cannot account for the unique variations that may present within certain individual transactions. Therefore, it may be wise to consult with a Lake of the Ozarks real estate attorney as you prepare to buy or sell a home.

Why Should You Consider An Attorney?

Since multiple people buy and sell homes without involving an attorney, you may be wondering what purpose an attorney can serve in the process. Here are a few of the different reasons why involving an attorney may be beneficial.

Listing Your Home
Unless you choose to For Sale By Owner, contacting a real estate agent to list your home will likely be your first step when you choose to sell your home. An attorney can help you evaluate the standard broker contract to ensure that it will meet your needs in the event that any unexpected situations should arise or in the event that a transaction ultimately does not occur. Your attorney can also explain the terms of the contract to you and help you to negotiate changes within the contract (before it is signed) if certain aspects do not meet your needs.

Buying A Home
As the buyer, you hope to purchase a title that is free and clear - one without any title issues, liens, or extraneous factors that may inhibit your use or enjoyment of your new property. For example, there may be tenants that are currently leasing part of your new property, or you may learn about property damage or hazardous material on the property after the transaction has been finalized. An attorney can help you navigate any unusual situations that may occur. Your attorney can also help evaluate the appropriate contracts to ensure that they meet your needs.

Finalizing The Transaction Process
There is countless paperwork and a seemingly endless list of details that must be attended to during the transfer of real property. If you are financing a significant portion of the transaction via a mortgage loan, there will be even more paperwork involved. An attorney can help ensure that every document is prepared correctly and can advise you on the legal implications of each step of the process. 

Contact Gibbons Law Firm To Begin The Process

Buying a home is a complex and involved process. There are multiple ways that a real estate attorney may be of assistance during the transaction process, but it is impossible to discuss the full scope of a real estate attorney's role in a single article such as this.

If you are contemplating buying or selling a house at the Lake of the Ozarks and would like more information about how a real estate attorney may be of assistance, contact Gibbons Law Firm in Osage Beach. Our experienced real estate attorney has helped facilitate multiple real estate transactions, and our team would be honored to put our experience to work for you. 

Call us at 573-348-2211 to schedule your free consultation.




Your Trusted Legal Resource

Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.