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Handling Real Estate Issues In California

  • By: Laura A. Davis
  • Published: November 11, 2024
Empty room with large windows, representing real estate.

In this article, you can discover…

  • The value and role of a real estate attorney. 
  • Reasons a real estate sale could fall through.
  • How the closing process works.

How Does A Real Estate Attorney Assist With The Purchase Or Sale Of Property In California?

A real estate attorney can help you obtain an appraisal, discuss whether the timing of the sale is truly beneficial to you, and help determine if a tax-free exchange would be a better option than a sale. 

A real estate attorney can also review and advise on terms of the proposed listing or sale agreement, review inspection reports, and represent your interests with contractors. 

Finally, a real estate attorney can refer you to other professionals, such as accountants and insurance brokers and prepare and review all sale documents before you sign them.

I Already Have A Real Estate Agent. Do I Need A Real Estate Attorney To Buy Or Sell Property In Monterey, California?

While not every step of the real estate process demands an attorney, it’s advisable to at least allow a real estate attorney to review all proposed purchase agreements before signing them or otherwise committing to the terms of a sale. 

What Are The Most Common Reasons Why A Real Estate Sale In California May Fall Through?

Unexpected problems with the property can cause a sale to fall through. This can include physical conditions (such as mold or foundation damage) or title defects. Lack of financing, an appraisal amount lower than the sale price, and buyers getting cold feet can also end a real estate sale. 

How Does The Closing Process Work For Real Estate Sales In California?

In California, real estate sales typically go through an escrow company, although the process differs slightly between Northern and Southern California. In the northern part of the state, the title insurance company that issues the title insurance also handles the escrow. In contrast, Southern California separates these roles, with independent escrow companies collaborating with title insurance providers.

During escrow, the buyer’s deposit and the purchase contracts are held. The escrow company then prepares documents for both parties to sign, outlining the terms under which the sale will be finalized. Closing documents are also drawn up, and a notary public (or “closing agent”) may be sent to the buyer’s and seller’s locations to gather signatures.

Once all required documents are signed and the purchase funds are secured, the escrow company records the deed with the county and releases the funds to the seller, completing the transaction.

Still Have Questions? Ready To Get Started? For more information on Handling Real Estate Issues In Monterey, California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (831) 318-5593 today.

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