CENTURY 21 CUDDY



Posted by CENTURY 21 CUDDY on 3/22/2020

Photo by Mateus Campos Felipe on Unsplash

Buying a piece of real estate is a serious legal and financial decision. Sometimes, having a real estate attorney help you through the process is helpful. In fact, in some states, it is required by law to have one assist with the process. If you don’t live in a state where it is required, do you need one? These questions will help you determine if you need an attorney as part of your real estate team.

Do You Have a Specific Legal Concern?

If you start down the path toward purchasing a house and run into a legal concern, then it is a good indication that you might need the help of an attorney. For example, perhaps you discover a tax lien against the home you wish to purchase or tenants that currently live in the property and wish to rent it from you temporarily after you purchase it. Your real estate agent can help you determine if your concern is a legal one and requires an attorney, but an agent is not able to make legal judgments. If you need help to make a legal decision, that is help only an attorney provides.

Do You Understand the Paperwork?

In a real estate transaction, there is quite a large amount of paperwork. From your initial offer submission to the closing paperwork, you will be signing legal documents many times. Those documents are legally binding so it is important to fully understand them. An attorney can help interpret those documents for you and explain exactly what you are signing.

Are You Purchasing a Short Sale or Foreclosure?

Short sale or foreclosure properties have significant legal issues that are not usually found in regular real estate transactions. If you’re considering one of these properties, then you may want to consult with an attorney to ensure the legal aspects of the transaction are in order before closing day.

Are You Shopping FSBO Properties?

If you are shopping for-sale-by-owner properties, your seller won’t have an agent helping them. Consider consulting with an attorney during the transaction will help keep the process running smoothly. Similarly, if you're considering selling your home without an agent, an attorney is an important professional to have on hand.

Are You Shopping Commercial?

Commercial properties have legal aspects not found in residential properties. If you’re shopping in the commercial market, make sure you talk to an attorney before signing any sales contracts.

In most home purchases, except those states where one is required by law, a real estate attorney is not necessary. If your purchase has extenuating circumstances or you find yourself with many questions, consider consulting one.





Posted by CENTURY 21 CUDDY on 2/18/2018

What Is The Disclosure Statement?


Disclosure statements are used in many of life’s situations. This is the place where the buyer is able to learn about the ins and outs of the property that they are about the buy. Examples of items that would be on a seller’s disclosure are:


  • Water in the basement
  • Updates made to the home
  • Known pests
  • Paranormal activity
  • Death on the property
  • Past fires
  • Nearby major construction projects
  • Title 5 sewerage issues 


Disclosures Serves As Protections


The disclosure statement serves as a protection for both the buyer and the seller. From a buyer’s perspective, through this information, they are able to understand a bit more about the property that they are potentially buying. 


On the seller’s side of things, the disclosure statement serves a s legal protection of sorts. The seller is obliged to reveal anything about the property that could potentially affect the value or affect the living conditions.


How Does The Seller Make The Disclosure


Each state and even each city within a state varies in the way a disclosure is conducted.  The statement can be composed of dozens of documents that need to be signed by the seller. Other states have disclosure document forms that consist of a series of yes or no questions about the home. Sellers may also be required o present communications between neighbors, owners, and agents. In some states, the disclosure statement is valid for up to 10 years, allowing buyers to collect damages if something wasn’t properly presented on the statement.  


How Do Sellers Know What To Disclose?


The basic rule of thumb is that if you know something about your property, you should disclose it. If you try to hide something, it could come back to meet you in the form of a lawsuit, even years later. Many states have legal requirements as to what should be revealed on these documents.  


What’s Disclosed To Buyers?


The disclosure doesn’t have to be all bad. This document is also an opportunity for sellers to present any of the improvements that they have made to the home. Make sure that you include all of the upgrades, renovations, and improvements that you have made to the home that you’re selling. This can help to impress buyers as to how well you have taken care of the property.


It’s easy as the buyer to check some of these improvements as you can find out if the work was done with or without permits by checking with the city’s zoning reports. Work that was done without a permit may have not been completed according to code. This could pose some serious health and safety risks to you and your family. 


Problems that you’ll want to disclose as a seller include pest problems, property line disputes, disturbances in the neighborhood, liens on the property, and appliance malfunctions. 


Remember that the disclosure doesn’t substitute the buyer’s right to a professional inspection of the property. It’s important for buyers to know as much about a property as they can in order to be sure they’re making a good investment.







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