4 Ways to Avoid Legal Issues during a Real Estate Transaction

Originally published by Robert Kraft.

One of the most important elements about buying or selling a property is the completion of all legal requirements. Not all real estate actions are a challenge. However, there is always something of value on the line for both the seller and buyer that can go wrong without careful oversight. Here are four ways to avoid those trying legal issues during any real estate transaction.

Gather legal information

Make sure the purchase and sales agreement has all the completed legal information and descriptions required. The sales agreement should describe properties in a clear and unique manner. This also includes using the language and classifications the U.S. Public Land Survey System recognizes.

Get everything in writing

Everything, before closing, should occur in black and white. Otherwise, discrepancies can pop up later at the most inconvenient time. Cross check everything.

Check to make sure the property seller has actual authority to sell

Of course, it makes sense that a person who does not own a property should be able to sell it. There are scenarios where an owner has transferred their ownership to a limited liability company or a trust. The power of attorney in these instances may have expired. Faulty home ownership can surface for people buying a property when they realize the seller is not the legal owner.

Consider a consultation with an attorney

A family attorney can offer pertinent information on matters that deal with tax transactions. An attorney can offer helpful advice on whether a seller can take advantage of certain tax provisions.

Preparation is the key. Every real estate transaction is likely to expose a number of challenges. There may be a few bumps along the way a real estate transactions are not always perfect. The buyer or seller’s goals are to understand both the market and their own needs.

You should also be aware of the other party’s motivations. Sometimes, those motivations are invisible. For instance, a seller’s motivation may originate from a personal sickness, work transfer, or a growing family. A person can learn a lot by asking open-ended questions.

Negotiations do occur whether a party talks about the weather or an actual real estate deal. A person should always keep their negotiating hat on when dealing with their counterpart. There are always drivers that motivate others to engage in a real estate transaction. Knowing these things can all add up to working with your counterpart to avoid legal issues during the real estate deal.

Author Bio: Emma Sturgis is a freelance writer living in Boston, MA. When not writing, she enjoys reading and indoor rock climbing. Find her on Google +

 

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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