New Jersey Real Estate Sales Attorney

Our Property Sales Dispute Lawyers in Hackensack, NJ Assist Clients With Selling Their Homes and Commercial Properties Statewide, Including Bergen County, Essex County, Hudson County, Middlesex County, and Passaic County

Although it is not legally required for a real estate attorney to be involved in any phase of a real estate transaction in New Jersey, what you should truly be asking is “should I have legal representation?” Undoubtedly, one of the biggest financial decisions you will ever make in your life is whether to buy or sell a property. To successfully execute a real estate transaction, you must make difficult legal decisions, and the only person who can give you advice in this regard is a qualified New Jersey real estate sales attorney. Sellers of property are well served by retaining an attorney who can assist them at every stage of the sales process, including with hiring a real estate agency, reviewing purchase contracts, and resolving issues that arise prior to closing.

If you need help with the process of selling your home or commercial property, reach out to The Epstein Law Firm, P.A. today for an initial case evaluation. A New Jersey real estate sales attorney at our firm can walk you through the sales procedures and help you understand what can be done to make the process as effective and smooth as possible for you. Let our property sales dispute lawyers in Hackensack, NJ put in the work necessary to ensure that your rights and interests are protected even after closing. 

Details of the Sales Process That a New Jersey Real Estate Sales Attorney From The Epstein Law Firm, P.A. Can Assist With

Selling a home or business property represents a major legal transaction, so working with a New Jersey real estate sales attorney can help you to avoid problems that may come up during the sales process. At The Epstein Law Firm, P.A., we help sellers with details of the purchase and sale transaction, such as:

• Reviewing the terms of your listing agreement with your real estate agent, ensuring you understand key terms like the agent’s commission, the type and duration of listing, and the agent’s duties.
• Going over a prospective buyer’s offer contract to purchase, ensuring that its terms protect your rights and interests.
• Representing you when issues arise in between acceptance of the contract and closing, such as potential title defects identified by the buyer’s attorney.
• Negotiating on your behalf when disputes arise prior to closing, such as resolving who will be responsible for payment of defects or other problems or issues not listed in the purchase contract.
• Making sure that any outstanding mortgages and liens you have on the home are paid off and that you obtain releases from those loans or other encumbrances.

Key Issues in Selling a House in New Jersey

Most people selling a home or property choose to work with a real estate agent. A seller hires a real estate agent via a listing agreement, which governs the relationship between the seller and the agent. The listing agreement will set forth the type of listing that the agent will perform; most agents insist on an exclusive right to sell, which requires the seller to pay the agent regardless of who obtains the buyer. However, other types of listings include open listings, in which the seller pays whichever agent brings the buyer, or an exclusive agency listing, in which you give your agent’s firm the exclusive right to list your property but you only agree to pay the agent’s firm if they bring in the buyer. The listing agreement will also cover other details such as the duration of the listing, the commission percentage, the price the agent will initially list your property for, and the respective obligations of the seller and agent during the listing and sale process.

Sellers are also required by New Jersey law to provide prospective buyers with a disclosure form that describes the property’s condition, including material facts such as issues with the roof, structure, or foundation; damage from weather or pests or mold; hazards like lead paint or asbestos or environmental contamination; and restrictions on the property like environmental covenants or the presence of an HOA.

The transaction of a property begins when the seller accepts a buyer’s written offer, which usually takes the form of a contract that states the purchase price, proposed down payment, and any contingencies to closing (such as a favorable inspection report or the buyer’s obtaining of a mortgage). 

In between accepting the buyer’s offer and closing, the seller may need to address issues such as problems with the seller’s title that come up during the buyer’s title search, problems with the property identified in an inspection that the buyer wants repaired prior to closing, or a discount on the purchase price. 

Closing occurs after the seller and buyer fulfill their obligations under the purchase contract. At closing, the buyer and seller sign the closing documents, and the seller turns over the deed to provide a clear title to the buyer. The seller must also use the purchase funds to pay off any outstanding mortgages or liens they have. 

Contact The Epstein Law Firm, P.A. to Speak with a New Jersey Real Estate Sales Attorney about Selling Your Residential or Commercial Property

Call The Epstein Law Firm, P.A., or contact us online through our website today for an initial consultation to learn more about your rights and obligations in selling your home or commercial property from a knowledgeable New Jersey real estate sales attorney. 

Frequently Asked Questions About Property Sale Dispute Litigation in New Jersey