Trusts for Minor and Adult Children
For most parents, the spouse is the primary beneficiary named in their will. In the case of a catastrophic event where both parents die, parents then usually name their children as the secondary beneficiaries. When the children are minors, common sense dictates that...
Problems with Joint Tenancy Agreements and Transfer on Death Deeds
We receive a lot of requests for the creation of joint tenancies with rights of survivorship and transfer on death deeds (“TODDs”). We understand the reasoning behind these requests. Everyone wants to avoid probate and make the transfer of property to loved ones quick...
What Is Title Insurance and Is It Required?
A couple of times a month a client will ask “Is title insurance required” or “Should I purchase title insurance”? Is Title Insurance Required? Whether it is required is easy. It is not. You may purchase and sell real estate without title insurance, provided the buyer...
Negotiating Commercial Loan Documents
We are often called upon to review commercial loan documents for clients. This usually occurs a few days before the scheduled closing. At that point, there is no time to change lenders if the loan documents contain onerous terms; all we can do is inform our client of...
COVID-19 Addendum Issues
COVID-19 has disrupted and continues to disrupt the real estate closing process. There are several addenda floating around which attempt to deal with the issues which result from the coronavirus. Most (1) extend the closing date if the closing cannot be performed due...
Estate Planning – Next Steps, Part 2
Again, congratulations! Not only have you executed your estate planning documents, but you also have reviewed the beneficiaries of your life insurance and retirement accounts and created your account with the Social Security Administration in order to appoint...
Estate Planning – Next Steps, Part 1
Congratulations! You have executed your Will, Statutory Power of Attorney, Medical Power of Attorney (with HIPAA Authorization) and Directive to Physicians. Your estate planning documents are complete, but you have more to do. In this first article, we will discuss...
What You Should Know About the Fair Housing Act
Those of you who are landlords are probably familiar with the Fair Housing Act. It is the law that makes it illegal to discriminate in housing based on race, color, religion, national origin sex, familial status or disability. What you might not know is that...
A Seller Financing Primer
Financing for residential purchases including seller financing and unlicensed third-party lenders has been substantially affected by the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly called the “Dodd-Frank Act”. Click here for a discussion of the...
The Dodd-Frank Act and Its Impact on Financing Home Sales
Financing for residential purchases including seller financing and unlicensed third-party lenders has been substantially affected by the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly called the “Dodd-Frank Act” which was passed in 2010 and...
“As Is” or Is It?
What is required to allow the seller to convey property “as is”? More particularly, do the provisions in Section 7D of the TREC contracts meet the requirements allowing a seller to convey property “as is”?The short answer to whether you can rely on the printed...
Five Ways to Reduce Liability for Real Estate Professionals
Here are five relatively painless ways to reduce your liability when listing and selling real estate. Require the Use of Buyer Representation Agreements When Representing Buyers. If you do not have written authorization from both buyer and seller, you cannot qualify...