Real Estate transactions — buying or selling a home — are one the most important financial decisions you’ll ever make. It can exhilarating as well as an emotionally trying experience, especially when sifting through minutiae and making long-range decisions. Now that the housing market is starting to recover in the San Francisco Bay Area, some homeowners are looking for ways to avoid paying hefty real estate commissions. Others may be looking for private-party or “for sale by owner” transactions as an alternative.
When looking to sell or purchase a home without the assistance of a real estate agent, it may be prudent to have a legal perspective before signing on the dotted line. No two real estate agreements are alike. Often, there are estate planning or tax implications besides the apparent real estate law considerations. The law requires mandatory disclosures regardless of whether a real estate agent is involved.
Hanley Law can help both sellers and buyers, especially with these types of real estate transactions:
- Reviewing or drafting sale, purchase, or leasing agreements
- Working with escrow
- Protecting Prop 13 tax basis
- Mediating disputes over earnest money deposits
- Handling sellers financing arrangements (seller carryback)
- Auditing escrow accounts
- Inspecting loan documents and disclosures
- Evaluating short sales
- Handling 1031 Property Exchanges
- Structuring special sales agreements to limit civil or tax exposure
- Arranging for marketable title
Dan Hanley has taught real estate licensing courses, educating realtors on what they need to know about real estate law when selling and purchasing a home. He is also a licensed real estate broker since 1980. As a result, Dan is uniquely qualified and well-versed in the legal components and potential pitfalls involved in all types of real estate transactions. Coupled with his estate planning and tax law background, he has a broad perspective when helping clients with complex real estate transactions.