The process of buying and selling a property isn’t always easy. In most cases, the transaction faces a few challenges which can hinder or slow down the process. Understandably, both the buyer and the seller have their needs, which don’t always align. That’s why they draw contracts to protect themselves. Whichever side you’re on, it’s best to seek legal help regarding real estate contracts. A qualified real estate attorney will know how to protect you. Take a look at some of the ways a lawyer can help with real estate contracts.
Drawing Up the Contract
One of the duties of real estate lawyers is to draw up contracts for clients. You may tell yourself you can draw up the contract, but this is a bad idea. In Florida, standardized documents approved by the Florida Bar and Florida Association of Realtors are used in real estate contracts. Your real estate attorney in Florida will know how to draw up such a contract to ensure it’s legally binding. This way, you can be confident nothing in the contract will compromise the sale.
Explain the Terms of Your Purchase Contract
A real estate purchase contract or agreement highlights the details of the transaction. It mentions how parties will handle any problems and offer the flexibility to terminate the contract if issues arise. The seller and buyer must agree to the purchase agreement terms for the sale to go through. However, before you sign this document, consult with real estate attorneys. They will go through the document and ensure it protects your interests. If they notice anything alarming, they can point it out and help you make a sound decision.
Negotiate Favorable Clauses on Your Behalf
Although particular provisions are standard in real estate contracts, everything can be negotiated. With that said, not everyone has the skills to win real estate negotiations. Fortunately, real estate lawyers do this daily, meaning they can negotiate certain provisions to support your interests. This is particularly helpful in commercial real estate, where certain provisions can help your business become successful. Some of the clauses your attorney can negotiate include termination clauses, contingency clauses, and assignment clauses.
Amending the Contract
After both parties reach an agreement, they sign a contract. But down the line, circumstances can change, necessitating the need to change the contract. Some of the reasons that can lead to amending real estate contracts include a change in property ownership, delays in move-in date or construction, and a change in financing arrangements. Leases can also be amended if a business renting a property negotiates a lower rent or ends the lease earlier than planned. Either way, an attorney can help amend the initial contract by including the newly agreed terms.
Solve Contract Disputes
It’s not unusual for problems to arise in a real estate transaction after contracts have been signed. For instance, a seller may fail to disclose certain defects about a property during the sale, leading to contract disputes down the line. The most common causes of real estate disputes include:
- Breach of contract
- Title issues
- Boundary issues
- Failure to disclose defects
When these contract disputes arise, you need the help of an attorney to resolve them, whether you’re the offender or the offended. The attorney will negotiate with the other party on your behalf, preventing the issue from going to court and saving valuable time.
If you’re about to undertake a real estate transaction where you’ll be drafting or signing contracts, talk to a real estate attorney first. These lawyers ensure your interests are well represented and devise ways to solve any issues that arise.
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