Thu-page-realestate

Areas of Practice

Real Estate Law   

The Thurman Law Firm provides timely, professional counsel on key legal issues related to real estate, including acquisition and disposition, leases, and zoning issues concerning all types of commercial and residential real estate legal transactions, as well as on issues involving actual or proposed property uses.  Legal transactions involving real estate are very often needed on a timely basis, so you need lawyers who can provide thorough assistance to you on short notice. We can draft, review, and negotiate your purchase and sale agreements, assist with due diligence, and expedite the completion of effective transfer documents.  A real estate attorney can help provide answers to the following questions and topics:

  • Negotiable terms of your agreement of sale.
  • Buyer obligations once agreement of sale is signed.
  • When is a seller’s property disclosure statement required?
  • How much is appropriate for a down payment and who should hold the earnest money?
  • How does a mortgage contingency affect a transaction?
  • What is a home inspection contingency and what option is best for you?
  • Is title insurance or a title commitment necessary and what is a title encumbrance?
  • “For sale by owner” pitfalls.
  • “Lease/option” pitfalls.
  • How to handle environmental issues such as mold or termites?
  • Agreement of sale terminations.
  • What are liquidated damages?
  • Appropriate property settlement charges or closing costs.

Our attorneys assist clients in real estate transactions from inception to conclusion.  The process frequently starts with the purchase agreement or lease for the property.  An appropriate document is drafted or reviewed, making sure that the appropriate clauses are included and contingencies covered.  Once the purchase agreement or lease is signed, the real estate attorney will take the steps necessary to assist the client to proceed with a successful closing, such as:

  • Obtaining a title search or title insurance binder
  • Reviewing the status of the title and requiring the seller to correct any defects.
  • Drafting or reviewing the deed, mortgage, or any other closing documents (bill of sale)
  • Advising the buyers of how title should be taken (joint tenancy, tenancy in common, etc.) and the ramifications of such a decision.

A real estate attorney will also help address issues that are not covered by title insurance or a title examination (zoning ordinances and other land-use restrictions, and liens, including water, sewer and special assessment liens).  Most importantly, the attorney will make sure that all of the steps necessary for the buyer to obtain clear, marketable title are taken, including the recording of the deed and other necessary documents.  Other services we offer that may be needed to ensure a smooth transaction are as follows:

  • Assistance in understanding the real estate contract
  • Preparation of addendum to agreement of sale
  • Review of inspection reports
  • Assistance in the resolution of any inspection issues
  • Review of loan commitment
  • Review of survey and legal description of the property
  • Preparation of deed and affidavit of title for closings
  • Attendance with the client at the real estate closing
  • Preparation or review of leases

Real estate litigation: 

For clients challenged with a dispute related to real estate of any kind, we handle every aspect of litigation, including trial, arbitration, mediation, and appeals.  Our firm provides a full range of real estate litigation services to commercial and residential clients.  We represent developers, owners, landlord, property managers, tenants, financial institutions and investors in all types of disputes, including those arising from:

  • Boundary line disputes
  • Brokerage commissions
  • Construction contracts
  • Foreclosures
  • Landlord-tenant
  • Acquisitions
  • Leases
  • Property management
  • Adverse possession
  • Mechanic’s liens
  • Boundaries
  • Easements
  • Rights of way
  • Breaches of fiduciary duty
  • Interference with business contracts
  • Unfair business practices and competition
  • Fraud and deceit
  • Fraudulent misrepresentation
  • Easements, boundary and title disputes
  • Construction contract and mechanic lien cases
  • Construction defect litigation
  • Commercial lease disputes
  • Insurance coverage
  • Condemnation
  • Personal injuries and wrongful death resulting from property defects
  • Breaches of non-compete clauses
  • Business disputes and dissolutions
  • Real estate purchase and sale agreements
  • Real estate fraud and non-disclosure

Latest Legal Briefs

February 7, 2017 As many as 75% of children in court proceed to a final outcome without an attorney. Children are generally unaware of their basic rights, making enormous life decisions without an advocate in the court room. It is vital to ensure they have a clear voice and advocate if faced with a legal situation. +

January 20, 2017 We hope our story encourages others to step forward and help our County and our needy children down the right path. A "forever family" story from attorney and partner Brandon Moonier and his family. +

November 10, 2016 Please take a moment to get to know Thurman Law Firm attorney Linda Freeman. Her dedication to the practice makes her a top choice if you need legal help in Jefferson County. +