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June 2023

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Making the Right Move: Top 6 Tips on When to Hire a Real Estate Lawyer
Making the Right Move: Top 6 Tips on When to Hire a Real Estate Lawyer 2400 1600 Gottlieb Law

Most people understand that real estate lawyers are legal professionals who specialize in real estate transactions such as contracts, deeds, mortgages, and leases. They are experts in real estate law and can provide invaluable assistance with transactions and issues related to real estate.  Whether you are a real estate investor or a first-time homebuyer, having a real estate lawyer on your side can make the process much smoother and help protect your interests. However, it is common for people to not understand when they should hire a real estate lawyer.  To help you make the right move with any real estate legal matters, here are some top tips on when to hire a real estate lawyer. 

Tip #1: When Buying or Selling a Home 

When you are buying a home, it is wise to hire a real estate lawyer before you sign the contract. A real estate lawyer can review the contract and make sure that it is fair and in your best interest. Your lawyer can also help make complicated terms and details of the contract easier to understand and provide advice on how to negotiate the best deal. Additionally, having a lawyer represent you during the closing process can make sure every detail is completed correctly. It is also a good idea to hire a real estate lawyer if you are selling your home. Your lawyer can help you review the purchase agreements and make sure that they are legally binding and provide you with all available and enforceable protections. They can also provide guidance on how to handle disputes or issues that may arise during the sale.

When buying or selling a home, it is important to understand the legal documents and contracts that come with the process. Without the proper understanding, you could end up with a bad deal or worse, be in breach of contract. That is another key reason to hire a real estate lawyer when buying or selling a home. A real estate lawyer can help to navigate the legal process and assess potential risks. They can provide advice on the documents and contracts that need to be signed, and can also help to protect your rights as a homeowner. They can also help to negotiate the best possible deal for you and ensure that the terms of the contract are fair and reasonable. With the help of a real estate lawyer, you can be sure that you are getting the best possible deal when buying or selling a home.

Tip #2: When Dealing with Title Issues 

Title issues can be tricky to navigate without a lawyer. When it comes to real estate, understanding the title is the most important aspect of the transaction, and it is essential to ensure that the property is legally owned by the seller and that there are no liens or other title issues that could complicate the sale. Before you sign a contract to purchase a property, it is important to do research to ensure that there are no title issues that could prevent you from being able to close on the property. If you are unable to resolve the issue on your own, hiring a real estate lawyer can be a great way to help you navigate through the situation. A lawyer can help you understand the title issues, research them thoroughly, and find solutions to help you resolve them. Hiring a real estate lawyer can be invaluable when it comes to dealing with title issues, as they are experienced and knowledgeable in this area and can help you protect your interests.

Tip #3: When Dealing with Landlord Tenant Disputes 

When landlord tenant disputes arise, it’s important to consult with a real estate lawyer to ensure you’re properly prepared. Real estate lawyers can help by understanding the nuances of landlord tenant law and ensuring that both parties are in compliance with state laws. Since they are experienced in dispute resolutions, they can provide guidance on how to negotiate a deal that’s fair to both parties. Real estate lawyers can help landlords and tenants understand their rights, obligations, and potential consequences of any agreement that’s reached. Real estate lawyers can also help ensure that leases are properly drafted, and that all parties are aware of their rights and responsibilities. Finally, real estate lawyers can help identify any potential areas of dispute before they become a problem. By understanding landlord tenant laws and the potential outcomes of landlord tenant disputes, real estate lawyers can help ensure that both parties come out of any dispute with a fair resolution.

Tip #4: Any Potential Disputes Related to Real Estate

Whether you have a dispute arise with a partner, contractor, or neighbor, consulting with a real estate lawyer at the first sign of a real estate dispute is the right move.  A real estate lawyer can help assess the details of any dispute related to real estate and help guide you through the best resolution. Any dispute can rise to potential litigation when there are significant sums of money involved and an experienced real estate attorney can help protect your interests throughout the dispute resolution process. Real estate lawyers can help pursue reasonable resolutions without giving up your best interests.

If you experience any issues related to a real estate transaction, you should consider hiring a real estate lawyer. A real estate lawyer can help you resolve disputes or claims, such as breach of contract or nonpayment. They can also provide advice on how to protect your interests and negotiate a favorable outcome. Whether you are buying, selling, or renting a property, having a real estate lawyer on your side can make the process much smoother and ensure that your rights are protected.

Tip #5: Buying or Selling Commercial Real Estate

Commercial real estate transactions are simply more complicated.  Even if you have a great commercial real estate agent, you should hire a real estate lawyer to represent your interests in any commercial real estate transaction.  An experienced commercial estate lawyer can advise on many additional factors in the transaction, like environmental issues, zoning regulations, liens, easements, contractual concerns, and structural issues.  They can also help advise on when you should consult any other required professionals, including inspectors, engineers, architects and contractors.  Since real estate lawyers do not work on commissions, they will help assess when it might be the best move to walk away from a transaction as well.

Since commercial real estate transactions are typically among the most time consuming and expensive purchases you can make, it is always advisable to have an experienced commercial real estate lawyer representing your best interests while reviewing potential properties, negotiating terms, drafting contracts, completing due diligence and closing on the property.  A commercial real estate lawyer can add significant value at every stage of the process.

Tip #6: Complicated Transactions or Structures

Sometimes real estate transactions can involve complicated structures.  Working with multiple parties to buy or sell a property can mean that your interests are not being represented by the agent on the transaction.  Hiring a real estate lawyer to represent your personal interest in a complicated transaction with multiple parties is always advisable.  They can help assess any potential issues for you and review the potential impacts on your taxes or liability.  A great real estate lawyer can make sure the contract provides ample protection for your personal interests and make sure the transaction structure matches what has been agreed by all parties.

Find the Right Real Estate Lawyer for You

There are many tips to help you determine when to hire a real estate lawyer, but it is always a good idea to have a real estate lawyer representing your interests when you have such a large portion of your net worth at stake.  Real estate lawyers can assist with understanding the laws and regulations of your state and local area, review any contracts before signing, and ensure that all documents are in order.  It is always beneficial to have a real estate lawyer review any purchase or sale agreement, as they can help spot any potential issues, and potentially avoid costly issues down the road. Real estate lawyers can provide invaluable advice and guidance throughout the entire process. By hiring a real estate lawyer, you are ensuring that your interests are protected and that you are making the best decisions for yourself. Hiring a real estate lawyer is a wise decision that can save you time, money, and stress in the long run.

Gottlieb Law was founded to provide the best representation for all your real estate legal needs.  Our experienced lawyers can assist with residential and commercial real estate transactions, disputes, and litigation.  Contact our firm today at 602-899-8188 to schedule an initial consultation or make an appointment on our contact us page.

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5 Key Tips on How to Transfer Property Title in Arizona
5 Key Tips on How to Transfer Property Title in Arizona 1936 1296 Gottlieb Law

Transferring property title in Arizona can be a complex and sometimes confusing process. Whether you’re buying or selling property, or simply transferring ownership to another party, it’s essential to understand the legal requirements and procedures involved. In this post, we provide five key tips on how to transfer property title in Arizona that any property owner should know.

Remember that these guidelines can never replace the advice of experienced, qualified legal counsel. It is always wise to seek the advice of an experienced real estate attorney to ensure that you are following the appropriate process.

Tip #1: Research the specific requirements for property title transfer in Arizona.

The laws governing property title transfer vary by state, so it’s essential to understand the specific requirements for Arizona. In the Grand Canyon State, there will always be a deed used to transfer property title:

There are three main deed forms named after the warranty of title they offer:

  •       General Warranty Deed Form: This deed provides the most protection to the grantee by giving a full warranty of title. As it relates to the grantor, this guarantees free and clear title to the property; the right to convey the property; and the legal responsibility for all claims related that may arise that are related to the property’s title. It’s important to note that these claims can also include claims made by previous owners of the house, too.
  •       Special Warranty Deed Form: Similar to a general warranty deed, this deed makes the grantor responsible for title problems that arose while they owned the property, but not for issues related to prior owners.
  •       Quitclaim Deed Form: A quitclaim deed does not provide warranty of the title. This means that the grantee will be accepting the property in “as-is” condition. Furthermore, it also warrants that the grantor is not able to be sued by the grantee should there be an issue that arises with the title at a later time.

The state of Arizona also has recognition for other deed forms, which are commonly used for probate avoidance. These include:

  •       Beneficiary Deed: This newer deed form is designed to avoid probate by naming a beneficiary to inherit the property at death. The owner retains control during their life and can change their mind at any time. It’s also known as a transfer-on-death deed or TOD deed.
  •       Life Estate Deed Form: An older deed form developed to avoid probate at death, a life estate deed forfeits control over the property during life. The grantor can retain the right to use the property, but cannot sell, mortgage, or deal with the property without involving the new owner.

Tip #2: Ensure that the property is free of liens and encumbrances.

Before transferring title, it’s crucial to make sure that there are no liens or other encumbrances on the property. These can include unpaid taxes, outstanding mortgages, or other debts, and can affect your ability to sell or transfer the property. 

Common types of liens that may be placed on a property include:

  •       Mortgage liens: A mortgage lien gives the lender the right to foreclose on the property if the borrower fails to make their mortgage payments.
  •       Tax liens: The government can place a lien on a property if the owner fails to pay owed taxes, which gives them the right to sell the property to pay off the tax debt.
  •       Judgment liens: If a property owner loses a lawsuit and is ordered to pay damages, the winning party may place a lien on the property to secure payment.
  •       Mechanic’s liens: A mechanic’s lien is a legal claim against a property filed by a contractor or subcontractor for unpaid work or materials.
  •       HOA liens: Homeowners associations (HOAs) can place liens on properties for unpaid fees, fines, or assessments. 

While many properties typically have a mortgage lien that is simple to navigate when transferring title, other liens can become obstacles during the transfer process.

Tip #3: Use a licensed escrow agent.

Using a licensed escrow agent when transferring property title is essential because it helps ensure that the transaction is handled legally, accurately, and securely. Escrow agents act as neutral third parties that retain documents and allocate and disperse funds, acting on behalf of both the seller and the buyer during a transaction involving real estate or real property. They play a crucial role in ensuring that the terms of the transaction are met and that all parties involved receive what they are entitled to.

There are several reasons to involve a licensed escrow agent when transferring property title in Arizona. For starters, licensed escrow agents are required to follow strict legal and ethical guidelines and are knowledgeable about the title transfer process. They can ensure that all steps are taken and that the buyer and seller are both protected in the secure transaction. Additionally, a licensed escrow agent has the expertise to review and understand complex legal documents, such as purchase agreements, deeds and title reports. They can ensure that all the paperwork is accurate and complete, preventing potential issues that could arise in the future. 

Tip #4: Consider working with an attorney.

While it’s not required to work with an attorney to transfer property title in Arizona, it can be beneficial. Working with an attorney when transferring property title can provide legal guidance, ensure that the transaction is handled correctly and protect against any future issues, should they arise. An attorney can help with tasks such as reviewing legal documents, conducting a title search, negotiating with the other party and addressing any legal issues that may arise during the transaction.

Additionally, an attorney can provide legal advice on the tax implications, property rights, and other legal considerations. Overall, working with an attorney can help ensure that the transfer of property title is legally sound and can provide peace of mind for both the buyer and the seller.

Tip #5: Keep all necessary documentation.

Last but certainly not least, it’s essential to keep all necessary documentation related to the property title transfer, including deeds, title insurance policies, and any other relevant documents. First, it serves as evidence of ownership and can help prevent disputes. Second, it provides a clear record of the terms and conditions of the transaction, which can be helpful if questions arise later. Third, it may be required by lenders, title insurance companies, or other parties involved in the transaction. Finally, some documentation may be necessary for tax purposes, such as recording the sale price of the property.

Keeping documentation will help protect your interests in the property and ensure that you can prove ownership if necessary in the future.

Hiring an Experienced Real Estate Attorney in Arizona

If you are transferring property title in Arizona, you’re going to want to seek legal advice. An experienced attorney can help you understand your rights and obligations and can represent you throughout the process.

When hiring a real estate attorney, it’s best to choose someone who is knowledgeable about Arizona real estate law and who has a track record of success. Gottlieb Law has significant experiences with the challenges of navigating property title transfers in Arizona. Contact us today at 602-899-8188 to schedule an initial consultation or make an appointment online.

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Gottlieb Law Founder Benjamin Gottlieb Featured in Maricopa Lawyer and AZ Big Media Sharing Monsoon Season Legal Issues
Gottlieb Law Founder Benjamin Gottlieb Featured in Maricopa Lawyer and AZ Big Media Sharing Monsoon Season Legal Issues 2144 1373 Gottlieb Law

Founder Benjamin Gottlieb, of Gottlieb Law, PLC was featured in the June 2023 issue of Maricopa Lawyer, as well as the recent edition of AZ Big Media, discussing monsoon season in Arizona and various legal issues that can arise from it.

The featured article in Maricopa Lawyer can be read here: https://maricopabar.org/docDownload/2171739

The headlining article in the most recent edition of AZ Big Media can be read here: https://azbigmedia.com/business/how-monsoon-season-can-cause-legal-issues-to-rain-down-on-arizona-residents/

For anyone needing assistance with real estate legal issues related to Monsoons or flooding, schedule a consultation with the attorneys at Gottlieb Law on our contact us page.

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