Rock Island Real Estate Lawyer
Buying Your Home
The current real estate market in Illinois is a healthy one, with reasonable fixed-rate mortgages and home prices that have rebounded, more or less, to their prices before the housing crash. That means that it is a good time for buyers and sellers alike to examine their current investments and decide whether or not to make a change. If you do decide to buy a new home, consider seeking guidance from an experienced real estate attorney like Clark Miljush, attorney at law. He can help ensure that your rights are protected and your contract is upheld.
Do I need a lawyer when buying a home in Illinois?
Many customers wonder if they really need to seek out the advice of a real estate attorney when buying a home. The answer to this is an emphatic “yes”! It is a good idea to retain an experienced attorney when buying a home for a variety of reasons. Attorneys can help look out for your best interests in large part because they are not paid on commission like a broker or an agent. That means that their advice should be objective as they have no monetary stake in your decision.
Contract to Purchase
Once you find a home you would like to purchase, you will need to present a written offer. If that offer is accepted, it becomes a binding contract. That means that you should have the offer drafted or, at the very least, examined by an attorney before submitting it. This is especially important as the offer will generally detail things like deposit details, purchase pricing, property tax issues, financing issues, and contingencies – all things that need to be legally sound in order to make sure the purchase process goes as planned and is fair to you.
Inspections and Financing
Whether or not you decide to employ an attorney, it is imperative that you retain the services of a home inspector. That inspector will then put together a written document that advises you about the condition of the property, including things like defects or flaws. These should be taken into account when making an offer.
Once you decide to make an offer and it is accepted, you will need to look into financing. Depending upon your financial situation, you might find yourself entering an agreement for a mortgage that lasts anywhere from 15 to 30 years. An attorney can greatly help with this process! They understand how to compare mortgage offers from a variety of lenders to ensure you receive the best deal.
The Closing Process
The final part of the purchase process is that of “closing”. In this process, things like mortgage financing, property surveys and inspections, and title insurance, among other things, are finalized. An attorney can help ensure that the process is completed successfully and will be able to address concerns and answer any questions you might have.
If you are buying a home, don’t go it alone! Hire an experienced attorney like Clark Miljush, attorney at law, to help.
Selling Your Home
Are you considering making the decision to sell your home? If so, one of the first things you should do is take the time to speak with a real estate attorney in your area. They can help ensure that the investment is conducted properly and that all sales terms are in accordance with Illinois state law. This is important, as sometimes certain issues can prove fairly complex. Things like disclosure liabilities, for example, and tax consequences could lead to difficult situations. An experienced attorney can help.
Clark Miljush, attorney at law, is a knowledgeable real estate attorney who understands how to make sure your experience is a good one.
Interested in a consultation? Gather these documents beforehand!
If you do decide to meet with an attorney, there are certain documents that can help the meeting go smoothly. These might include any of the following:
- Title Policy
- Outstanding Mortgage Statements
- Liens or Foreclosure Paperwork
- Contact Information from your Realtor
Offers to Purchase and Obligations to Disclose
When you receive a written offer to purchase your home, it is important to meet with your attorney before agreeing. They can help review things like the financial terms, pricing, closing dates, and possession dates. Should you be unable to visit your attorney before accepting the offer, make sure that any agreement includes a statement that the agreement is pending approval from the attorney in question.
When it comes to offers to purchase, it is important that you make sure to do your duty in accordance with the Residential Real Property Disclosure Act. This requires that you inform property conditions to any potential buyers. This includes things that are concerns to the safety, health, or quality of the home, as well as issues that might impact the individuals living in it. This can also include code violations, heating, plumbing, or structural issues, and water flooding issues. Your attorney can typically provide this letter. Note that if an addition concern arises before closing, it is possible to supplement this document.
If you are selling your home, don’t go it alone! Hire an experienced attorney like Clark Miljush, attorney at law, to help.
How to Prepare for a Closing
The last step in the purchasing process is known as the closing process (or just “closing”). During this phase, loose ends are tied up and the process is officially completed. Note that by the time closing rolls around, most of the critical aspects relating to the sale have been completed, including things like property inspections and surveys, mortgage financing, and title acceptance and insurance. The seller is often not required to attend closing, but both seller and buyer can benefit from experienced representation. Clark Miljush, attorney at law, can help you go into the closing process with confidence.
There are many documents that are required to be signed or reviewed during closing.
- Completed property surveys or inspections
- Pay-off Letter or Letters
- Property Tax Statement
- Receipt or Bill of Sale
- Deed Document to be Filed
- Statement of Settlement
Proration and Closing Costs
If you have retained a real estate attorney, they most likely will have reviewed property tax information by the time that closing arrives and will have determined how the issues presented should be satisfied. Transfer forms will have been acquired and will indicate the taxes to be paid as well as transfer tax calculations. This is important because depending upon when a house is sold, the seller in question might be responsible for a remaining balance carried over from periods of time when they lived in the house.
When it comes to closing costs, it is important to know that the costs can be quite broad in scope. For the seller, the largest closing cost tends to be commissions paid to realtors – this can be anything from 4% to 6% of the total sale price of the property. Real estate taxes are additional expenses that might be included in closing costs. For the buyer, closing costs can fluctuate. In total, closing costs for buyers are usually between 3% and 4% of the total sale price of the property in question. Other potential costs include things like costs of appraisal, lending application fees, title insurance and closing costs, and recorder fees as well as transfer taxes.
The closing process for condominiums is different from the closing process on other properties specifically because of the terms of obligations and rights regarding common areas that are specific to the condominium units. An experienced attorney can help you through this process.
When it is time to close on a sale, or buy a home make sure that you have the best advice possible. Hire an experienced attorney like Clark Miljush, attorney at law, to help. Contact him today at 309.752.8500 for more information!