Real Estate

Real Estate Attorney

Real estate services offered include:

Legal assistance for buying and selling homes, land, or commercial property and financing the purchase:

  • Title examination;
  • Iowa Title Guaranty title insurance for mortgage lenders and buyers;
  • Drafting deeds, real estate purchase agreements, transaction documents, leases, etc.
  • Cure documents for title issues;
  • For Sale by Owner transactions;
  • Real estate contracts and forfeiture of real estate contracts; and
  • Litigation of: a) boundary disputes, b) allegations of fraud or misrepresentation, c) real estate contract disputes; d) partition, f) enforcement of leases, g) eviction, h) quiet title actions, and i) construction disputes.

If you are purchasing a house, it may be helpful to listen to the following information from Judge Linda Neuman:

Daniel Willems is known for completing title work in a timely fashion and for quickly resolving the multitude of issues which can arise before or after a transaction. Over 99% of preliminary title opinions are completed within 24 hours of delivery of an abstract.

CAN A PERSON BUY AND SELL A HOME WITHOUT THE HELP OF A REAL ESTATE AGENT?

It is not required by law to use a real estate agent; however, real estate agents provide many valuable services – including:

  1. Marketing
  2. Contracts
  3. Compliance with state and federal laws
  4. Oversight of the various details and steps necessary to complete the transaction and financing
  5. Assistance managing disputes

Most people who sell or buy homes without the assistance of a real estate agent feel comfortable marketing their home. However, they are not aware of the various pitfalls related to contracts, compliance with state and federal laws, and transaction details. PROFESSIONAL ASSISTANCE IS NEEDED. If you are going to buy or sell a home without a real estate agent you need a REAL ESTATE ATTORNEY even before you put your home on the market.

WHAT DOES A PERSON RISK BY NOT USING AN ATTORNEY?

While some transactions go smoothly and without a hitch, potential disasters await the unwary. Here are some examples:

Example 1: A Seller used a contract for the sale of real estate purchased from an office supply store. The contract was not designed for the use in Iowa. At closing a dispute arose over responsibility for taxes and a faulty furnace. Without clear guidance in the contract concerning these issues, both parties are incurring attorney fees and may end up in court.

Example 2: A Seller failed to use disclosures required by federal law. After the transaction a child living in the home was discovered to have high blood lead levels due to conditions on the property for which disclosure and a warning were required. The Seller is now liable for: a) modification of premises to make it safe; b) the cost of testing for child; c) attorney fees; and d) the child’s resulting learning disability. The Seller’s liability exceeds the purchase price of the property.

Example 3: Sellers arrive at the closing table only to discover they had not prepared a document necessary for closing. Delay in the closing caused the Buyers to miss a deadline related to a lock on low interest rates. Now the Buyers have to pay a higher interest rate and want the Sellers to reimburse them for the higher costs. Over the life of the loan, the increase in interest can equal tens of thousands of dollars.

Thus you can see that in real estate transactions, “an ounce of prevention is worth a pound of cure.”

SERVICES AND FEES

Please contact us for a current list of real estate services and fees.