Best Real Estate Attorneys in Gilbert

FAQs

• What is the non-emergency contact number for the local police station in Gilbert, Arizona?

  Please call (480) 503-6500 to report non-emergency concerns to the Gilbert Police Department.

• Where can I get a copy of police reports for incidents related to my case in Gilbert, Arizona?

  To request a copy of a police report, go to the Gilbert Police Records Section located at 75 E. Civic Center Drive Gilbert, AZ 85296. You can also mail a police report request to the same address. Police records requests can also be made online at https://gilbertaz.justfoia.com/Forms/Launch/c3b0f03f-40aa-4c58-bae8-3bcbd3989c6b For more assistance, you can reach the Records Section at (480) 635-7020 or gilbertpdrecords@gilbertaz.gov

• Are you still liable for the mortgage debt in Gilbert if your ex-spouse got the property in the divorce?

  Yes, you are still liable for the debt if the property's mortgage is still in your name. If your ex-spouse fails to make mortgage payments, the lender will contact you, and your credit record may suffer as a result. A Gilbert real estate attorney can assist you in protecting yourself from these risks.

• Is a real estate sale contract still enforceable in Gilbert if the property seller passes away?

  Yes. If the property seller/owner dies before the sale is completed, the seller's estate is responsible for honoring the contract and completing the sale with you. Your Gilbert real estate attorney can help you with this process. If the situation is reversed and the buyer dies, the seller cannot compel the buyer's estate to proceed with the sale.

• What damages can you recover if you sue the seller/Realtor for non-disclosure of property issues in Gilbert?

  You can seek compensation for your expenses related to contract revocation or property repair. If you choose to cancel the purchase contract, you can claim your attorney fees and out-of-pocket expenses. If you decide to keep the Gilbert property, you can have the seller/Realtor cover the costs of repairing the defects.

• What can you do if you want to ensure that a real estate property in Gilbert is transferred to someone specific after you die?

  A Beneficiary Deed can be used to ensure that a loved one inherits specific property. This deed can be drafted and signed at any time, but it will only be enforceable after your death. A Gilbert real estate lawyer can assist you in executing the deed and having it recorded.

• Can a deed in lieu cancel a foreclosure in Gilbert?

  Yes. A deed in lieu is when you sign your property over to the mortgage lender in exchange for the loan being canceled. This effectively avoids foreclosure. However, keep in mind that the lender can still pursue you for a deficient amount if the sale price of the property is insufficient to cover your remaining loan. A Gilbert real estate attorney can assist you in ensuring that your deed in lieu of foreclosure includes the lender forgiving any deficiencies.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.