Real Estate

Real Estate Attorneys at Tolin & Tolin, PLLC work with clients across the state performing title searches, conducting loan closing services, and preparing other documents that apply to Real Estate issues. Clients who are refinancing real estate are also smart to seek our experienced advice before signing new agreements. We can help you with all types of Real Estate Law matters, and we are ready to stand up for your rights whenever there are disputes over property.

Representing Buyers of Real Estate

When you are buying real estate, whether it is the home you are going to live in or a large tract of land you want to develop, you need to make sure you actually become the owner.  This is too large of an investment to risk getting it wrong.  At Tolin & Tolin, PLLC, when we represent a person buying real estate, we perform a title search before the purchase is made.  The purpose of this title search is to make sure the seller has the full ownership necessary to transfer ownership of the real property to the buyer.  Items that interfere with ownership are called encumbrances or title defects.  Some encumbrances are easily removed.  For example, a mortgage that creates a lien on the real property can be removed by paying the loan in full. Other encumbrances, like an easement across the land that may not be visible, can be more difficult to resolve and may make the buyer decide not to purchase the property.  Before you spend your money buying real estate, let an attorney at Tolin & Tolin, PLLC search the title so that you can be sure of what you are buying.

Representing Sellers of Real Estate

If you are selling real estate, you can only transfer your ownership of the property with a valid deed that is in writing.  The sale of real estate often involves the transfer of a large amount of money, and the seller of real property often has a contractual obligation to the buyer.  At Tolin & Tolin, PLLC, we can draft your deed to transfer your property to a buyer, and we can also advise you on your contractual obligations to the buyer.

Purchasing or Refinancing your Real Estate Loan

If you are borrowing money from a lender to purchase real estate, that lender will require you to seek the assistance of an attorney.  The lender will want to use your real estate as collateral for the funds it is lending for you to either purchase real estate or to pay off your existing loan in a refinance.  In order for the lender to use your real estate as collateral for the loan of money they are giving you, it must make certain that you have full ownership rights to the property.  The lender will need all property owners to sign documentation in order to give it collateral for the money that it is lending.  This is the reason spouses often have to sign documentation, even when the lender is not lending money to the spouse.

Drafting and Review of Real Estate Agreements

Almost all contracts or agreements involving real estate must be in writing to be valid.  Often an agreement regarding real estate involves a large amount of money and the parties to the agreement have to meet specific obligations in the agreement.  Many people may not understand their contract and what they are agreeing to do when they purchase or sell real property.  Other types of real estate agreements include property owners who covenant to restrict the use of their property in a particular way.  For example, an entire neighborhood may restrict the ability of real property owners to have farm animals or operate a business on the property.  Some agreements allow use of real property or maintenance of a shared road.  An attorney at Tolin & Tolin, PLLC can help you understand your real estate agreement or draft the agreement that you need.

Leases and Landlord Tenant Issues

A lease is a special type of real property agreement where an owner of real estate transfers the right to use and occupy the real property in exchange for rent.  The owner of real property is often called a landlord or lessor, and the individual paying rent to use and occupy the real property is called a tenant or lessee.  There are many default rules that the law applies to lessor and lessees; however, the lease agreement can usually be tailored to specifically suit the interests of the landlord and tenant.  At Tolin & Tolin, PLLC we help our real estate clients understand their leases and the laws affecting the landlord tenant relationship.  A Tolin & Tolin, PLLC real estate attorney can also help you with drafting a lease for your rental property.