Serving Individuals and Businesses Throughout Tennessee
Real estate transactions are inherently complex, and you must take proactive steps to protect your interests. You should not attempt to work through these matters without qualified legal representation.
Our Chattanooga real estate attorney have 70 years of combined business experience and regularly assist individuals and businesses with all types of residential and commercial transactions. In addition to facilitating construction projects throughout the United States, we have participated in transactions as a real estate agent, broker, property manager, investor, business owner, and more. No matter the nature of your real estate issue, our team at Kuebler & Associates, PLLC is confident that we have been there and done that.
If you have retained a real estate agent, you must understand that, under the law, they cannot draft legal agreements or give you legal advice. Only a lawyer can provide the accessible legal guidance you need to achieve your objectives and address any legal obstacles that may arise throughout the closing process. Our team at Kuebler & Associates, PLLC represents both buyers and sellers and is prepared to work alongside your real estate agent or broker.
Our Chattanooga real estate attorneys can assist you with issues involving the following:
Purchase and Sale Agreements
- When you are ready to engage a buyer or seller, you will need to create a comprehensive but straightforward purchase and sale agreement that outlines the terms of the deal. This document will include the price, the anticipated closing date, earnest money details, title insurance details, and other conditions of the transaction. It is important to understand that signing a purchase and sale agreement does not transfer ownership of the property. We are familiar with how to draft robust purchase and sale agreements and can work to ensure your contract includes all necessary and applicable contingencies.
- As a buyer-investor, you should never purchase a property sight unseen. You must complete physical and financial due diligence before you sign a binding contract. We can help prospective buyer-investors conduct thorough due diligence and analyze all available information. Our team can also help sellers prepare and distribute due diligence reports, financial records, and other disclosures.
- When a buyer signs a purchase and sale agreement, they tend to commit a “good faith” deposit to demonstrate their seriousness in completing the transaction. This deposit is generally placed in a third-party escrow account and will remain there until the deal closes. The purchase and sale agreement should specify what will happen to these funds if the transaction encounters problems. We can facilitate escrow transfers and ensure your real estate contracts appropriately addresses escrow funds.
Title Searches and Title Insurance
- When purchasing a property, you want to be absolutely certain that the seller has the right to transfer ownership. Title insurance protects you from future ownership claims. A title search analyzes official public records to verify the legal owner of a property and identify any title defects. Our team can help you obtain sufficient title insurance and conduct a title search.
Quiet Title Actions
- If title defects are discovered, you will most likely need to resolve the issues before a transaction can move forward. We can work on behalf of buyers and sellers to cure many types of title defects, including errors in public records, liens, easements, border disputes, forgeries, illegal deeds, undiscovered wills, and other encumbrances.
- Before completing a real estate transaction, a prospective buyer should conduct an exhaustive physical inspection of the property. It may be necessary to hire professionals to evaluate the property’s condition and identify potential issues. If problems are discovered, you may need to renegotiate elements of the transaction. Our firm can guide you through these inspections, review what you should be looking for, and assist with renegotiating as necessary.
- In some cases, a buyer may discover serious issues with the property after the transaction has closed. Whether the buyer has any legal recourse will depend on whether the seller had knowledge of the problem but failed to disclose it. A seller must disclose all known property defects to avoid liability. Our Chattanooga real estate lawyers can review your legal options if you discover property issues. We can also help sellers make all legally required disclosures.
- Our firm regularly assists businesses with drafting, negotiating, and finalizing commercial leases. Our Chattanooga real estate attorneys also offer a full suite of business law services and can provide your company with sophisticated representation.