In many Commonwealth states, a conveyance is an expert legal practitioner who specializes in all areas of the law relating to real estate, or conveyancing. In some cases, conveyancers can also be either a solicitor licensed conveyancers, or an associate of the Institute of Legal Executives, or a barrister.
This profession is relatively new in Canada, having emerged in the last decade. Conveyancers help buyers and sellers arrange for property transactions in a smooth and efficient manner. They organize, negotiate, draft contracts and draft accompanying agreements, and submit them to the parties involved in the real estate transaction.
A conveyance is also charged with ensuring that the legal conditions of the transaction are complied with by both parties. Many real estate lawyers offer their services as agents for their clients, arranging all the necessary documents required to close the transaction.
However, it must be ensured that they comply with the requirements set forth by the various jurisdictions. For instance, real estate laws in one state may prohibit the use of certain types of legal forms, while in another state, conveyancers may not carry out certain tasks.
Most jurisdictions have laws that provide for non-disclosure or misrepresentation of information, which may protect buyers and sellers but do not prevent the conveyance from acting on their behalf. The main purpose of a real estate lawyer is to review the documents required to close the sale or purchase of a property.
When this is done, he ensures compliance with the law and protects the interest of his client. One of the most important services he offers is document authentication, which is performed when a real estate lawyer is hired to review a real estate contract before it is signed.
The contract must be in complete agreement with all the clauses listed in it. If there are discrepancies, the buyer has the right to void the transaction. In this regard, the real estate lawyer checks to make sure that the documents mentioned in the contract are notarized and that they are from the same seller, who is in this case, the buyer.
In cases of non-compliance, the buyer may sue the seller for fraud, and for breach of contract. If the contract is fraudulent, the seller has the duty to reimburse the money paid by the buyer, which includes the interest and penalties. Such cases are often difficult to prove, so it is advised that buyers obtain the help of an attorney experienced in real estate law.
The next step after reviewing the contract is the inspection of the property. The real estate lawyer ensures that the property conforms to all the requirements laid down by the laws of the state and county, including the rules governing its occupancy.
This includes ensuring compliance with all the local zoning regulations. He also makes sure that the buyer gets the property at fair market value so that there is no loss of money or finance. The buyer also has the duty to inform the seller and to keep all necessary records pertaining to the purchase until the closing date.
When all the papers have been signed and the deal sealed, the real estate attorney returns to the buyer’s premises. At this point, the buyer should begin to search for properties that meet the requirements listed in his purchase papers. Buyers are encouraged to look into more than one property before making a decision.
This is because multiple purchases can sometimes reduce the risk of encountering unforeseen problems. It is then time to approach the real estate lawyer. The buyer will need to provide him with as much information as possible, which includes all documents relating to the financing, the seller’s name, and the type of property. It is highly recommended that you talk to your lawyer about Estate Planning as soon as possible.
The lawyer first studies the documents closely and then enters into legal negotiations with the lender on behalf of the buyer. Negotiations, of course, must end with a buyer who gets the loan he wants at the price he wants.
In conclusion, it is always advised that buyers and sellers undergo real estate transactions together. This way, they can avoid problems that may arise out of hiring separate legal counsel for buying and selling real estate transactions.
In addition to this, they are able to read and understand the various legal documents thoroughly, thereby increasing the chances of lessening any problems that they may come across. Furthermore, the lender will be happy that their client followed the law and that they had the necessary documents at hand.
After all, this is in the interest of both parties and the buyer’s and seller’s businesses.