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With its long history in Western North Carolina, our firm is familiar with the challenges facing real estate development in this area and with the requirements of a variety of lenders. We have extensive experience working with developers, buyers, sellers, lenders and governmental agencies to provide our clients with prompt and smooth closings. We provide a complete range of real estate services including the following:
- Residential and Commercial closings
- Title examinations
- Preparation of deeds, deeds of trust and other title and lending documents
- Preparation of contracts, options, leases and other documents
- Zoning, planning and land use representation
- Advice regarding and formation of proper business structure
- Representation in construction dispute
- Representation in condemnation proceedings
- Foreclosures and Defense of Foreclosures
- Preparation of lien and lien satisfaction documents
- Partition proceedings (division or sale of commonly owned property)
- Property Owners Association issues
- Title insurance policies
For more information regarding Real Estate contact attorney Woodrow H. Griffin. If you are facing a foreclosure or you hold a loan and need to foreclose, contact attorney M. Chase Wells.
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Frequently Asked Questions
Why do I need a real estate lawyer?
With the excitement that comes from signing a real estate contract for the sale and purchase of a new home, a new business or land for investment, the parties often overlooks the important steps that must take place before the closing. An experienced real estate lawyer can insure that the purchase takes place on schedule, clear up title problems before the closing and, most importantly, make sure you understand what each document means.
The typical land sales transaction involves not only the buyer and the seller, but also an appraiser, real estate agents and lenders. Often a surveyor must prepare a plat of the property being sold and a home inspector must provide a report of the condition of a house located on the property. Your lawyer will be your advocate throughout the entire process, reviewing all documents to make sure that your legal rights are protected. Often your attorney's services will include some or all of the following:
- Preparation of the contract
- Examining land records and providing a written title opinion
- Preparing closing documents (deed, affidavits, deed of trust, promissory note, and other loan documents)
- Reviewing the plat and preparing a legal description of the property
- Obtaining copies of any restrictions on use of the property
- Evaluation of financing options
- Explaining tax consequences of the transaction
- Conducting the closing to insure that all documents are properly executed
- Providing advice when there is a breach of the contract
When should I consult a lawyer?
As soon as possible, but certainly before signing a contract. Prior to signing a contract an attorney can advise you of potential title problems with property you may be interested in and help you determine if those problems can be resolved before you enter into a contract. An attorney can provide you with copies of restrictions on the property's use and advise you the meaning of the restrictions before you have become obligated to purchase the property. Most importantly, an attorney can prepare a contract that accurately reflects the agreement you made for sale or purchase and adequately provides for any conditions that must be met prior to closing.
What does the attorney's fee include?
In a typical real estate transaction, an attorney representing the buyer will examine the title and prepare a title opinion, prepare loan documents and closing papers, including a settlement statement, provide copies of any restrictions on use of the property, explain the meaning of all documents, conduct the closing, record the deed and deed of trust and provide a title insurance policy. An attorney for the seller in a typical real estate transaction will prepare the deed, lien affidavit, Form 1099 and settlement statement.
Why do I need a title insurance policy?
If an attorney examines the title to the property, why do I need a title insurance policy?
A title examination is a search of the public records to determine if the seller has good title to the property. However, some problems with the title may not appear in the land records and may not be discovered until years after the closing. Even thought the buyer and seller are acting in good faith, there may be unknown problems with deeds years earlier in the chain of title. For a one time fee, a title insurance policy may provide protection against many of those risks for as long as you own the property. Some of the typical items that are covered by a title insurance policy are:
- Forgery
- Undisclosed heirs
- Deeds by persons lacking proper mental capacity
- Survey errors
- Deeds by persons thought to be single, but actually married
Does a house inspection protect me from any defects in the house?
No. Read your inspection report carefully. The typical inspection report will show that it is designed to identify those problems that can be seen by a visual inspection and does not cover hidden problems. The report may also limit liability in other ways as well. If you have a concern you may need to have a builder, engineer or other expert conduct more extensive inspections and testing.
Tips for Buying Property in Western North Carolina
Western North Carolina's mountains and other geological conditions often play a role in problems developing before, during and after real estate transactions. In addition, the popularity of this region as a location for second or retirement homes can lead to misunderstandings when long time residents of other states purchase land here without being aware of how the laws of North Carolina may be different from their home state. If you are considering purchasing vacant land or improved property in North Carolina please keep the following tips in mind:
- Be very careful building on mountain slopes. Building a structure on a mountain slope requires an experienced builder and often an experienced engineer and/or architect as well. The variety of soil conditions present in western North Carolina or the use of fill dirt can cause slopes to fail or land to settle with possible damage to improvements.
- Have a current survey done before closing. Many mountain tracts of land use old legal descriptions that can cause problems when trying to locate boundary lines today. Trees and rocks that were identified as points of reference may no longer exist and old surveying instruments were not as accurate as those today. If there is going to be a problem locating boundary lines or easements, it is best to identify those problems and attempt to resolve them prior to purchasing the property.
- Be sure that the spouse of the seller is included on most deeds transferring title to property. A spouse has potential marital rights in property that must be conveyed in order to obtain marketable title in many situations.
- Basements should be carefully inspected and constructed. Many purchasers from costal states may not be familiar with basements. It is not unusual for moisture to be present in mountain basements and a qualified expert should be used to inspect existing basements and advise the prospective buyer on any problems. When building a new house be sure that an expert on basement waterproofing is consulted in the construction process.
- Be aware of your responsibilities for subdivision roads and water systems. Many mountain subdivisions have extensive private road networks and water systems that are maintained by the homeowners. Before signing a contract, have your attorney provide you with a copy of the covenants and fully understand what your responsibilities are for maintenance of roads and water systems. If you are purchasing in a new subdivision, consult with an attorney to determine what your rights are if the developer does not complete the improvements.
- Understand "low yield" wells. Finding a water source for a well can be a hit or miss proposition for mountain property. Even when water is found, the well may not generate a flow sufficient to provide water for a household without the use of a storage device. With sufficient storage capacity, a low yield well may suffice€”but you should consult an expert in the field before making any decisions.
- Be sure that you have adequate access during inclement weather. Winter can be a beautiful time of year in western North Carolina but occasionally snow or heavy rain can adversely impact mountain subdivision roads. Even if you do not plan to use your property in the winter, adequate access will be an advantage when and if you wish to sell your property.
- Read the Residential Property Disclosure form. North Carolina requires that the seller of improved residential property complete a form prior to closing that addresses common items that may need correction or repairs. This form should be read very carefully and, if there is any question about any item, have an expert inspect the item and render an opinion before closing.
- Consult a lawyer before entering into a construction contract. See our web page on Construction Law and Disputes for tips on how to avoid construction disputes.
- Obtain proper permits before clearing land. North Carolina's Sedimentation and Pollution Control Act has serious penalties for improperly clearing of land that causes sediment to run off onto adjoining property. Check with your county's erosion control office before you begin removing any ground cover.
Financial Links
Register of Deeds Offices in Western North Carolina
Mapping Offices in Western North Carolina
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