In real estate transactions, many different people can have an interest in the same property, the tax consequences are more complicated and possession is not necessarily indicative of ownership. If you have questions about purchasing or selling real estate, contact our firm to schedule a consultation with an experienced real estate attorney for straightforward solutions that will work for you.
Learn More About Real Estate Law
The Charleston attorneys of Bailey, Joseph & Slotnick, P.L.L.C., represents buyers, lenders and sellers involved in real estate transactions throughout West Virginia. For more information about our comprehensive services, please visit our real estate page.
When you need effective legal counsel or representation, contact our West Virginia real estate law firm today by calling 877-725-4461 toll free. You can also send us an e-mail by filling out our online contact form.
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At Bailey, Joseph & Slotnick, we have built our firm on the principles of diligence, efficiency and accuracy. We are known throughout the 55 counties of West Virginia for our dedicated and thorough approach. We are committed to providing sophisticated legal services at an affordable price.
If you have a stake in the real estate market in West Virginia, contact the lawyers of Bailey, Joseph & Slotnick for the diligent legal representation you need. Our office is located in downtown Charleston across from the Kanawha County Judicial Annex. Call us toll free at 877-725-4461 to schedule a free initial consultation.
Real Estate Law - An Overview
Real estate law includes both federal and state issues, with the state-level rules varying widely from state to state. These state and federal laws encompass everything from ownership of land and buildings to related issues such as financing, leasing, construction, taxes and environmental laws. A competent and experienced real estate attorney, like those at Bailey, Joseph & Slotnick, P.L.L.C. in Charleston, WV, can protect a party's interests in both routine and complex transactions and disputes.
Real Estate Brokers
A seller may employ a real estate broker to solicit potential buyers for his or her property. The seller and the broker sign a listing agreement, obliging the broker to work to find a buyer and the seller to pay the broker's commission if a sale results. A buyer may employ a real estate broker to locate suitable property. Real estate brokers are generally subject to rigorous licensing standards established by each state. As an agent, a real estate broker or salesperson has duties and obligations to the person who hired him or her. If an agreement to purchase the property is made, that agreement is strictly between the seller and buyer, and the broker is not a party to that agreement and generally makes no promises about the property.
Real Estate Contracts and Transfers
The agreement to sell between a real estate buyer and seller is governed by the general principles of contract law. The statute of frauds requires that contracts for the sale of real property be in writing. Title to real estate must be marketable to be free from liability, which means that it must be free and clear of all encumbrances, liens, clouds, litigation risks or other title defects. To ensure marketable title, the buyer typically employs an attorney or a title insurance company to perform a title search. In a title search, the searcher examines the public records in the county in which a property is located to map a chain of title by examining all the recorded deeds concerning the property. The title searcher will also determine if there are any encumbrances on the property, such as mortgages, unpaid real estate taxes, liens for municipal improvements, unpaid federal taxes, government claims, legal judgments, foreclosures, condemnations, covenants and easements. A title insurance company will insure the buyer against losses caused by the title's invalidity.
To pass title, the seller must execute and deliver a deed with a proper description of the land. Many states require that the deed be officially recorded to establish ownership of the property and to provide notice of its transfer to subsequent purchasers.
Mortgages
The most common method of financing a real estate transaction is through a loan secured by a mortgage on the property. A mortgage involves the transfer of an interest in land as security for an obligation. A borrower typically repays a mortgage in installments that include both interest and principal payments. If the borrower doesn't make payments, foreclosure can result, with the lender declaring that the entire mortgage debt is due immediately. Failure to pay the mortgage debt once foreclosure occurs results in the sale of the property to satisfy any remaining mortgage debt.
The actual foreclosure process depends on state law, the terms of the mortgage, and whether other liens exist on the property. Many states allow late payments to avoid foreclosure, and many lenders attempt to work out a payment plan to avoid a foreclosure. If a lender is threatening foreclosure, a borrower should immediately contact a real estate attorney, like those at Bailey, Joseph & Slotnick, P.L.L.C. in Charleston, WV, to protect the borrower's interests and pursue all available resolutions.
Speak to a Real Estate Lawyer
Real estate transactions and disputes involve many laws, which vary greatly from state to state. If you are buying or selling real estate or are involved in a dispute regarding real estate, get in touch with an experienced real estate attorney at Bailey, Joseph & Slotnick, P.L.L.C. in Charleston, WV, to ensure that your rights are protected.
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