Residential Real Estate

The buying and selling of property, whether a primary residence, vacation home, or investment property, is one of the largest financial commitments most individuals will ever make and it can be one of the most stressful projects a buyer or seller can undertake.

The Real Estate Transaction in Brief
Once an owner decides to sell a property, he or she generally lists the property with a real estate broker. After the property is listed, a "buyer" will make a formal offer that is secured by a deposit. If the property owner accepts the offer, a contract, which is usually prepared by the buyer’s realtor, sets forth the rights and obligations of both parties with regard to the sale of the property. That contract is subject to a three-day attorney review period during which either buyer’s attorney or seller’s attorney can disapprove the contract and terminate it or begin to negotiate changes to it.  Once the changes to the contract are successfully negotiated or the three days pass without the contract being disapproved, the contract becomes binding.

Why Hire a Real Estate Attorney?
Hiring an attorney guarantees that you will receive an expert, unbiased explanation and evaluation of the contract. Your real estate attorney will work to negotiate fair and reasonable terms and will help you avoid pitfalls of which you may be unaware. You may think the contract is clear and easy to understand, but it may contain provisions that are unenforceable or that create more liability than you realize. Litigating your rights after the fact can take years and cost thousands in legal fees.

For Sale By Owner - FSBO!
Some people choose to sell their properties on their own without the help of real estate agency. While this approach can save you thousands of dollars in commission, it also can expose you to liabilities and headaches of which you were unaware. If you decide to sell a property on your own, you should consult an attorney before you consider accepting an offer.

Our Attorneys
The attorneys at Stark & Stark have extensive experience in the closing of real estate transactions. Barbara Strapp Nelson whose practice in residential real estate spans 25 years leads our residential real estate team. Our team of attorneys has experience in every phase of real estate, including the simple to the most complex transactions.

Our Fees
Whether you are buying or selling, we offer reasonable rates by using a combination of attorneys and experienced paralegals.