Real Estate Law


Purchases, Sales, Refinances

Purchasing a home will be your single largest monetary investment of your life. Don't settle for just anyone. The Law Offices of Lee R. Lederman handles hundreds of real estate closings annually. Mr. Lederman personally handles all contract negotiations/reviews, home inspection issues, title review and prepares the final settlement statement. Make sure you have the advice of legal counsel representing your interests and not the interests of others.

Due to our extensive experience in real estate law, the firm is highly qualified to handle all aspects of the real estate transaction from initial negotiations, financing, leasing and landlord/tenant issues. If necessary, the firm will litigate in order to protect its client's interests.


The Law Offices of Lee R. Lederman provide, among a wide-range of legal services, effective and competent representation in all forms of real estate transactions. This site has been prepared to inform the prospective home-buyer of real estate closing procedures as well as a rundown and explanation of anticipated closing costs. Since this information has been generalized, specific questions may remain after your review of this site. Please be advised that our entire real estate staff looks forward to receiving your inquiries and to providing you helpful answers to the most commonly asked questions.

I. INITIAL CONTRACT REVIEW

II. MORTGAGE APPLICATION

III. HOME INSPECTION CONTINGENCIES

IV. TITLE INSURANCE

V. POST-COMMITMENT REVIEW BY MORTGAGE COMPANY

VI. CLOSING OF TITLE

VII. CLOSING COSTS


 

I. INITIAL CONTRACT REVIEW

When you have located the property you wish to purchase you will most likely present an offer to purchase through a licensed realtor. Contracts prepared by a realtor must provide a three-day attorney review period, during which either party may review the proposed contract with their respective attorney. During such review the contract may be approved, disapproved or approved with changes. It is in your interest to discuss the contract with your attorney during the three-day review period so that your attorney may more effectively represent your particular concerns.


II. MORTGAGE APPLICATION

Since most purchases of residential real estate include the provision that a that the purchasers primary duty is to immediately, efficiently and aggressively pursue such mortgage financing. As a practical matter, that means an application for mortgage financing must be completed immediately following attorney review, if not before, with a mortgage company previously chosen by the applicant. Typically, mortgage contingency purchaser will need mortgage financing to complete the purchase, it is important to note periods run between thirty and sixty days. Although this office will assist you in perfecting your mortgage application by dealing directly with the mortgage company, it is the purchaser's primary responsibility to keep in contact with their mortgage banker or broker to ensure the completion of the mortgage application itself and to satisfy any subsequent conditions that the mortgage company imposes on the commitment. THE COMMITMENT IS AN EXTREMELY IMPORTANT DOCUMENT. YOU MUST CAREFULLY READ YOUR COMMITMENT IN ORDER TO UNDERSTAND WHAT IS REQUIRED OF YOU FOLLOWING THE ISSUANCE OF THE WRITTEN COMMITMENT AND BEFORE CLOSING OF TITLE.


III. HOME INSPECTION CONTINGENCIES

Residential real estate contracts call for the purchaser, at his own expense, to conduct an inspection of the premises in order to determine the existence of any latent or non-apparent deficiencies in the property. It is extremely important that you keep our office informed of the status of all contingencies contained in your contract of sale including termite inspection, structural inspection, well and septic inspections and radon inspection It is vital that these inspections be completed and a written report received within the time period set forth in the contract. Please arrange to have the inspection company forward to your attorney copies of all relevant inspections as soon as they are prepared. Upon your receipt of the results of these inspections, contact your attorney to discuss any problems revealed by the inspections. Your attorney will assist you in negotiating with the Seller to resolve any such deficiencies.


IV. TITLE INSURANCE

When obtaining mortgage financing it is required that a title search and a title insurance policy be obtained in at least the amount of your mortgage. This office is responsible for ordering same for you. Most banks require a new survey of the premises at the time of closing.


V. POST-COMMITMENT REVIEW BY MORTGAGE COMPANY

Once you have received your mortgage commitment and this office has received the title search and survey, this office will comply with your bank's instruction and submit all documentation they require for review prior to closing. After the bank's review of the documentation, they will allow us to schedule a closing at which time we will contact you, the Seller's attorney and the real estate broker and arrange for a mutually convenient closing date and time. Immediately following your receipt of a mortgage commitment, you should make arrangements to obtain an ORIGINAL homeowner's insurance policy NOT BINDER (hazard insurance) along with an ORIGINAL paid receipt of the first year's premium.


VI. CLOSING OF TITLE

The date of the closing on the contract is an estimated closing date and should be used as a rough guideline. Please do not plan on closing on this particular date, as that is not always possible. On the afternoon immediately prior to the actual closing, our office will prepare the final figures in consultation with both the mortgage company and the opposing attorney. Once this calculation has been completed, our office will contact you with the exact amount of money you should bring to the closing to cover the remaining down payment and any closing costs attendant to the closing. Our office will give you a bottom line figure that will include the amount due to the Seller along with these closing expenses.


VII. CLOSING COSTS

One of the most underestimated factors during the closing process is the various settlement charges or closing costs. Your mortgage company will provide a document to you entitled "Good Faith Estimate". While this document is a helpful guideline, we urge you to contact our office to discuss other potential settlement charges.