The sale, purchase, lease or transfer of residential, business or commercial property can be complicated – even for a seasoned real estate investor. Getting the right advice is important whether you are an individual buying a first home or a business owner having a need for real estate to be used as an office or warehouse. We can assist with your transaction whether you are selling, buying or leasing real estate. We are able to address the needs of our clients in this area by providing advice and legal services that include:
- Acquisition, sale, lease and financing of real estate including:
- Preparation of contracts to sell or purchase real estate
- Preparation of residential or commercial leases including self-rentals
- Tax aspects of the real estate transaction including tax-free exchanges (“1031 Exchange”)
- The use and disposition of real estate in family business and succession planning
- The use of business entities to hold and transfer interests in real estate and for asset protection purposes
- The appropriate form of ownership of real estate between two individuals including the following:
- Joint Tenancy – A form of ownership in which two individuals have an undivided interest in real property in which the survivor has the right to the whole property.
- Tenancy by the Entirety – A special form of joint ownership between spouses who each have an undivided interest in the real property and in which the surviving spouse has the right to the whole property.
- Tenancy in Common – A form of ownership between two or more individuals in which each individual has an undivided and separate interest in the real property such that no individual has the right to the whole property upon surviving the other owner(s).
It is important to keep in mind that if a real estate broker is involved in a transaction, the broker may or may not represent you exclusively. Furthermore, although the broker may provide the required documentation, these documents are generally forms, and may or may not be tailored to your individual needs. Finally, a broker should never provide legal advice, nor should you seek legal advice from a broker. It is always prudent to seek the advice of independent counsel in any transaction involving the sale, purchase, lease or transfer of real estate or an interest in real estate and to seek sound legal representation in drafting sale, purchase, lease and other real estate contracts.
No matter what stage of the process you may find yourself, we look forward assisting you.