Robitaille Law Firm LLC has over 30 years of experience representing sellers, buyers and lenders in residential and commercial real estate transactions, providing closing representation, contract and lease drafting, loan and closing document preparation, title search and reports, title insurance and escrow services.
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RESIDENTIAL REAL ESTATE CLOSINGS FAQ
What is a “Multiple Listing Service”?
A multiple listing service is an arrangement by which the brokers in a particular area agree to share their exclusive listing agreements with each other and split the commission. The use of the ‘MLS’ as it is known, has greatly increased the number of properties sold and is a primary reason given for using a broker. NOTE: Never rely on an MLS for property information. Always do your homework, whether a buyer, seller or attorney.
What is title insurance and is it necessary?
Most lenders will require a mortgagee’s title insurance policy insuring the loan amount. However, the lender’s policy will not protect the buyer’s equity in the property. Therefore buyers are encouraged to obtain an ‘Owner’s Policy’, which will remain in effect for as long as the buyer owns the property. The exact amount of additional premium for the Owner’s Title Policy will depend upon the purchase price and/or FMV of the property.
What does buying property “AS IS” mean?
Many contracts will have such language, but unless inspection contingencies are specifically waived in the contract, such ‘as is’ (caveat emptor) language merely represents to the buyer that the seller will not be making concessions or repairs if requested by the buyer after inspections are completed. It is always wise to conduct inspections and to allow enough time to do so in the contract. Most post-closing lawsuits result from buyers relying solely on seller’s and/or broker’s representations.
What is a Hubbard Clause in a contract?
A Hubbard Clause is a contingency in a purchase and sale agreement that expressly conditions a Buyer’s purchase of a property upon the Buyer’s ability to sell and close on another piece of real estate (usually their existing home).
COMMERCIAL REAL ESTATE CLOSINGS FAQ
What is a “Phase 1” environmental site assessment and do I need one?
Phase 1 Environmental Site Assessment, or Phase 1 ESA, is a report ordered in real estate transactions to provide disclosure on possible or existing environmental contaminants on a property site or its surroundings. The vast majority of lenders require environmental due diligence before approving commercial loans.
NOTE: All property buyers who wish to avoid liability for environmental contaminants already existing on or near the property in question, are required to conduct a Phase 1 Environmental Site Assessment to be eligible for CERCLA liability protection
What is seller financing?
Such an alternative to traditional financing is a useful option where a buyer cannot obtain a loan. It is a viable option if the conditions and parties are suitable for such an arrangement. However, it extremely important for both sides to obtain legal representation to properly draft the contract and seller financing documents so that both parties are clear on the terms of the deal and financing as well as default provisions.