Although Indiana law does not require that you have an attorney when buying or selling a home, the decision to hire our experienced residential real estate attorneys can be helpful during the process. A realtor will typically use a standard form contract. We can explain the terms of the contract and confirm that it conforms to your understanding of the agreement. Our attorneys can make sure the terms of the contract are fair to you and, if needed, make changes to the terms of the contract. Unfortunately, we see many situations where realtors will attempt to modify the terms of the contract or draft language for additional provisions without advice from a lawyer which can cause significant issues with the purchase or sale of the property and cause unnecessary litigation. At Webster & Garino LLC, we can also assist with unanticipated problems between signing the contract and closing, protect your interests if the deal does not go as planned, or represent you if disputes occur after closing.
Our experienced lawyers also can help you navigate the process, which has many moving parts, so we can reduce your risk if you decide you do not want to move forward with the purchase of the property due to condition or issues with financing. For example, we can negotiate an acceptable resolution if the inspector finds issues that were not expected by the parties to a residential real estate transaction. Our law firm also helps clients to resolve title issues, such as a cloud on title. Another important way we can assist you in keeping your deal on track is to ensure critical deadlines are not missed. If you do not comply with a deadline to establish that your mortgage financing is progressing, for example, this could lead to the other side backing out of the deal as well as the loss of earnest money.
Our clients also benefit from our representation in residential sales transaction based on a lower risk of post-closing litigation. The cost to retain an attorney to resolve a dispute after your transaction has closed will typically far exceed the fees to retain us to guide you through the sales process. We can identify and resolve issues related to errors or ambiguity in the sales agreement, title problems, or issues with the condition of the premises upon the change of possession before you become embroiled in preventable litigation.
As attorneys to a seller, we work closely with sellers and title companies to assist the seller in transferring title to the buyer. When we identify impediments to the transfer of clean title, we work with the title company and the parties to resolve the problem. As the purchaser’s attorney, we review the deed and land survey to ensure the buyer receives the full property he or she is trying to purchase. Both the buyer and seller can benefit from a skilled attorney because the process of dealing with title defects is highly technical and critical to protecting both parties to a residential sales transaction.
Our real estate lawyers in the greater Indianapolis area provide exemplary representation in both commercial sales transactions and commercial lease matters. We council real estate investors regarding their ownership options to mitigate exposure and advise closely held businesses on their legal options for a partnership to own or sell property. When we represent a party to a commercial lease, we advise our clients regarding the optimal structuring of lease purchase agreements to safeguard their rights. We can review your lease to ensure that you understand your legal obligations and rights to facilitate an informed decision.