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This website is maintained by the The Galer
Firm, P.C.* with the goal of providing high quality and easily
accessible legal information and resources. Currently, you can peruse this site to find information
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--中文版-- |
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© The Galer Firm,
P.C., 2004
The information
contained on this website is protected from infringement by the laws of the
* Roger Galer is licensed to practice law in
This
Month’s Featured Articles:
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The Typical Residential Real Estate Sales Transaction: An Overview for
Buyers and Sellers |
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Maintaining
Your Green Card and
Eligibility for Naturalization While Working Overseas |
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The process of buying or selling a home can be time
consuming and even bewildering to the uninitiated. Fortunately, the process has become much
more standardized as a variety of state and federal laws have greatly
increased the body of regulatory oversight (and paperwork) involved in such
transactions. Thus, although, as explained below in The
Role of the Attorney, obtaining legal counsel to help guide
you through a home sale or purchase is essential, the good news is that the
overall process can be straightforward if the right steps are taken by
the various parties from the very beginning. One can divide the typical residential real estate
transaction into five basic parts or steps: 1.) Preliminary Matters; 1.)
Preliminary Matters. Certain
things should be done before a
Seller or Buyer seeks to involve other parties in the sale or purchase of a
home. For example, a wily prospective Seller should always check around
his/her local community to determine the prices at which similar homes are
being sold. A Seller should always have an idea of what his/her home is worth
(i.e., information based on more than the price he/she paid for the home!) before involving a broker, etc.
Similarly, a prospective Buyer of real estate should always survey the market
prior to looking at particular homes. Fortunately, resources for
Buyers/Sellers of real estate sales are now quite voluminous, thanks to the
Internet. [See Real
Estate Web Links.] Now, one can quickly and cheaply (i.e.,
usually for free) search online databases to determine locations, sale dates
and even sale prices! >>>
CONTINUED ON THE NEXT PAGE >>> |
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Even
after an individual has made the decision to immigrate to another country,
he/she maintains a strong connection with his/her country of birth. In addition to the social (e.g., family,
friends) and cultural (e.g., language, religion) ties that continue to bind
immigrants with their former home, economic forces often a play a role in
maintaining a bond, as well.
Immigrants to the U.S., for example, often find - a bit ironically,
perhaps - that by immigrating to this country and attaining permanent
residency via a green card here, they are suddenly better able to do business
with local companies in their former home land. In addition, such immigrants’
knowledge/expertise in matters pertaining to their native country/culture, combined with their real or perceived “American
outlook” on life/business, can often make them valuable to For
these and other reasons, recent |
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The Role of the Attorney |
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While the
foregoing “Typical Real Estate Sales Transaction” list may appear to be
simple enough at first glance, all it takes is a few deviations from the
typical transaction for a real estate sale to become a massive headache.
Without out a doubt, anyone seeking to buy or sell a piece of residential real estate ought to hire a lawyer to counsel/represent him/her in the matter. This
is particularly true given a cost/benefit analysis of an attorney’s role in
the typical real estate sale. In almost every such transaction, of all the
third-party individuals sitting around the Closing table - e.g., brokers,
agents, insurers, etc. - it is the lawyer(s) who will have the largest work
load, will take on the most responsibility for making sure all documents are
in order, and will be paid the least
amount of money! [ Depending on the stage at which he/she begins
representing a particular party to a real estate transaction, an attorney
should: i.) negotiate, draft and/or review the terms of the real estate sales contract
to make sure it comports with his/her client’s interests and expectations, ii.) facilitate,
expedite and manage the production/processing of all riders, disclosures,
requests for information related to the transaction, etc. (so that the
clients can be planning their move, instead), iii.) review
and advocate on behalf of his/her client regarding all pre-Closing
issues, iv.) for a Buyer, explain and counsel him/her regarding mortgage issue &
documents, and v.) represent/counsel his/her
client at the Closing. |