Selling your home or commercial property requires that you have an attorney who is organized, meticulous, and aggressive in negotiating the best terms for you. At Wetzel Gagliardi Fetter & Lavin, LLC, our real estate attorneys represent both sellers and buyers, from deed preparation, negotiating sale agreements, establishing easements, ensuring financing is secured, defending against foreclosure, and everything in between.
Stages of Real Estate Closing Process in PA
- Drafting and reviewing Purchase and Sales Agreement (detailing the terms of the real estate transfer)
- Reviewing the findings from a title search (an examination of public records to determine if there are any outstanding liens or encumbrances against the property).
- Review of the results of the title search, receiving and reviewing loan documentation, scheduling a closing date, and preparing closing documents
- Conducting the closing, which will involve the seller signing the deed, the buyer signing the mortgage and other documents required by the lender, signing the settlement statement, and title insurance paperwork
- After closing, the escrow agent will disburse payments to the appropriate parties (including payment of the outstanding balance on the mortgage held by the previous owner), documents will be sent to the lender and recorded, and title insurance policies will be sent to you and the lender
What Should Be Included in a Purchase and Sales Agreement?
A purchase and sale agreement (PSA) lays the foundation of the sale. The terms of the agreement are binding, so it is important that both the buyer and seller consult with a real estate attorney before signing.
Pennsylvania law requires that a written sales agreement be executed to transfer real estate, which will contain the following:
- The date of the agreement
- The names of the buyer and seller
- Description of the property and the form of ownership
- The purchase price, acceptable forms of currency, and financing contingencies
- Details specifying which party will cover attorney’s fees, title insurance, transfer taxes, etc.
- Any contingencies that may affect the sale (home inspection, title search, appraisals, etc.)
- The execution date of the sales agreement and earnest money deposit
- The capacity of the broker or real estate agent and any potential conflicts of interest
- A statement that any payments collected by the broker will be held in an escrow account until the completion of or termination of the sale
- A statement specifying the existence of the state Real Estate Recovery Fund to reimburse anyone who has obtained a final judgment against a real estate agent but has exhausted all legal options to collect the award
Types of Real Estate Services We Offer
Our real estate attorneys offer a full range of services, including:
- Negotiating the purchase price and terms and conditions of the purchase and sale agreement
- Ensuring that financing is handled smoothly
- Drafting and recording the deed to the property
- Handling the closing, which involves working with real estate agents, brokers, title examiners, closing clerks, as well as filing any necessary documentation to the county recorder of deeds
- Representing you through foreclosure proceedings
Real Estate Attorneys Advocating for You
A real estate transaction requires that you hire the assistance of competent and experienced counsel. When you work with the legal team at Wetzel Gagliardi Fetter & Lavin, LLC, your needs will be our primary focus. To see how we can be of assistance in your real estate transaction or foreclosure proceedings, contact us online or by phone today.
Practice Areas
Business Law Civil Litigation Elder Law Estate and Trust Administration Orphan’s Court Real Estate Law