At Rosenstein Chicatelli, our dedicated attorneys have years of experience handling residential & commercial real estate transactions. We are equipped to assist those in need of legal representation during the purchase or sale of a home. Our well-practiced attorneys understand that for our clients, whom may be first-time home buyers, the process can appear to be daunting and unfamiliar. At Rosenstein Chicatelli, we are here to help – handling every matter with the attention and personal care that our clients deserve.
We work with clients in each of these areas of Real Estate Law:
- Property Acquisition
- Contract Drafting and Negotiation
- 1031 Exchanges
- Commercial Leasing
- Environmental Regulation Compliance
- Municipal Permitting
- Corporate Formation for Real Estate
- Landlord/Tenant Relationships
Inspection Review and Negotiation
Property Acquisitions should include an inspection contingency for the buyer. An inspection review will afford you the invaluable opportunity to have the property inspected by a personal home inspector which can reveal damage to the property that should be considered in the contract. After inspection, our office will review the report with you and, if necessary, negotiate the repair of or the credit for the repairs recommended by the report. In the case of representing the seller, our team will counsel you as to what demands of the buyer are appropriate or overreaching and negotiate accordingly.
One of the most important services that we provide to our clients is to make sure that you receive or give clear title so that there are no future ownership disputes with the property.
Representation at Closing
During a closing we can represent you as both a seller or a buyer.
As the representative of the seller, we prepare all of the necessary documents as well as account for all of the funds that are owed to you from the sale.
As the representative of the buyer, we review and explain to you all of the loan documents that are being signed as well as assuring that they are correct. We carefully explain and review the financial end of the transaction called the “RESPA” to ensure that you are not being overcharged in the agreement.
Contract Drafting and Negotiation
Whether you’re buying a property or selling one, the process for everyone starts with signing a contract. Most contracts contain a contingency that calls for attorney review. This process provides that both parties will have an opportunity to have their attorneys review the contracts and if necessary, negotiate changes. We ensure that you understand all aspects of contract terms and pitfalls that could occur in the contract.
Currently, mortgage interest rates are at an all-time low, giving homeowners an option for refinancing. This is the perfect time for homeowners with higher interest rates to take advantage of the market and refinance to a lower rate. Refinancing a property is a great way to tap into the equity that has been built up over time, creating access to capital that can be used for refinancing without reinvesting in new real estate. We are able to help you refinance both residential and commercial properties.
LLC/Corporate Formation for Real Estate
Are you aware of the personal liability that you face when purchasing property in your name? First-time real estate investors and veterans alike are at risk of their real estate property being seized to satisfy any judgments taken against them. When you own real estate personally, any legal action and potential money judgment against you automatically opens up all of your assets to the risk of being seized.
Our attorneys can help you mitigate this risk through the formation of Limited Liability Companies (LLCs). An LLC is a business structure where the members of the company cannot be held personally liable for the company’s debts or liabilities. The forming of an LLC for the purpose of owning real estate essentially shields your personal assets from being used to pay out any business judgments, as the real estate will technically belong to the LLC.
Our team of experienced attorneys can discuss with you whether forming an LLC for your real estate investments is the right choice, and if it is to form an LLC on your behalf.
Residential and Commercial Leasing
A written lease agreement is central to preventing the majority of landlord/tenant disputes. Creating a lease agreement with clear provisions will allow each party of the lease to understand their respective duties and obligations. We can assist you with drafting a lease that is customized to your wants and needs so you can get the most out of renting your property and avoid any issues moving forward.
It is important to protect your real estate investments with sound legal advice, whether you’re a landlord or a real estate buyer. Let the attorneys at Rosenstein Chicatelli, PLLC represent your residential and commercial property legal needs. Contact us today.