At Novins, York & Jacobus, we provide creative and sophisticated solutions for investors, developers, builders, owners, landlords, tenants, borrowers, property managers and brokers. Managing complex real estate transactions with our innovative use of technology. Regardless of your commercial real estate interests, we have the knowledge and skills to help you achieve your goals.
Real estate transactions often involve the preparation of documents, contracts, and agreements. We focus on commercial real estate transactions including:
Purchase and sale agreements and other real estate contracts
- Closing representation
- Boundary and encroachment documents
- Mortgages, deeds of trust and secured transactions
- Title insurance and searches
- Covenants, Conditions and Restrictions
- Real estate financing proposals
- Real estate development proposals
- Building & Safety and Department of Planning Issues
- Contractor licensure
- Landlord-Tenant Matters
Buying or selling a house can be an exciting but stressful time in a person’s life. You will be making a large number of potentially life-changing financial and legal decisions. To make certain that you get the outcome you need and expect, you want an attorney who understands the intricate details of real estate transactions, including all of the risks involved and resources needed.
At Novins, York & Jacobus we have worked extensively with buyers and sellers of residential property. We know that real estate transactions can be complex and confusing involving both substantial investment and risk. When you hire us, our focus is on every detail of your transaction. We will promptly respond to your calls or e-mails and provide you with timely answers to your questions. Whether you are buying or selling, or entering into litigation involving real estate, we can provide the representation you need and deserve.
Our attorneys specialize in real estate transactions and real estate litigation and offer representation in the following areas:
- Real estate closings, including all aspects of transactional representation
- For sale by owner (“FSBO”) transactions
- Breach of contract
- Drafting and review of real estate contracts
- Failure to disclose defects
For purchasers of residential real estate, we meticulously review your contract, and make appropriate modifications to your contract that will be the most beneficial to you. Our goal with all buyers is to protect your rights and interests as well as all unsatisfied contract contingencies, including:
- Mortgage contingencies. This contingency makes the sale dependent on your ability to obtain a mortgage. If you are unable to gain approval for a mortgage, you have no contractual obligation to purchase the property.
- Home Inspection contingencies. This contingency makes the sale dependent on your satisfaction with the condition of the home. If your inspection reveals material defects that are unacceptable to you and that the seller will not remedy, you do not have to complete the closing or purchase the property
- Home sale contingencies, if applicable. Under this contingency, your obligation to purchase the new property is dependent upon your ability to sell your existing home. If you cannot sell your existing home, you do not have to close on the new house.
We can also help you work with the seller to modify contingencies without waiving them. Waiver (including involuntary waiver) of a contingency can lead to many legal problems, including breach of contract, loss of earnest money or liability under the buy-sell agreement.
For sellers of residential property, our primary goal is to ensure that you comply with contractual obligations to convey clear title and fulfill all of your existing obligations with respect to the property you are selling. We will also ensure that you have made all appropriate disclosures to the buyer, including information about lead-based paint, radon and mold. We will work to minimize closing costs, so that you maximize the proceeds of the sale while limiting any potential liability to your buyer.
We also represent sellers and buyers in actions for breach of contract or specific performance, where a buyer or seller has breached a purchase contract by refusing to go forward. In these instances, we strive to have the court compel the buyer or seller to fulfill all obligations under the purchase agreement or pay you money damages that make you whole.
In most situations, a real estate agent will complete a form contract. You need to make sure an experienced real estate attorney reviews that contract (or drafts it initially) and makes appropriate modifications to change the terms of the agreement so that it will benefit you and not leave you in a position you will regret at the closing table.
There is normally a limited time to do this, and it is usually five (5) business days from the date the seller signs the contract. A buyer normally has the same time period to negotiate any inspection issues with the seller. We can help both buyers and sellers with all of these things, including:
- Approving or disapproving of the contract as drafted.
- Modifying the contract appropriately.
- Negotiating and resolving home inspection issues.
- Keeping and protecting any unsatisfied contractual contingencies, including those mentioned above for buyers, i.e., mortgage, home inspection and home sale contingencies.