Civil Practice

We represent debtors in individual bankruptcies, including Chapter 7 and Chapter 13. Please call for a pre-qualification and to discuss your options. 

We represent plaintiffs and defendants in civil lawsuits, including but not limited to breach of contract, business disputes, consumer credit transactions, and uninsured claims against businesses. 

We represent landlords in evicting tenants, including nonpayment and holdover proceedings. 

We represent buyers and sellers in both residential and commercial real estate transactions. Whether you are purchasing or selling a single-family home, multi-family property, investment property, commercial building, cooperative, or condominium, we guide you through every stage of the process so you can move forward with confidence.

The Contract Process

The first step in any transaction is reaching an agreement on the purchase price and key deal terms. Before signing a contract of sale, the buyer should conduct a property inspection to evaluate the condition of the premises and identify any potential issues.

Once the parties are satisfied, the attorneys negotiate the contract of sale. After the final version is approved and signed, the purchaser pays the down payment, which is held in escrow by the seller’s attorney under the terms of the agreement.

Mortgage Commitment

After the contract is fully executed, several important steps must be completed before closing. One of the most critical is obtaining a mortgage commitment. Most contracts are contingent on the buyer securing financing within a specified period. The purchaser must work diligently with the lender to ensure that a timely mortgage commitment is issued in accordance with the contract.

Title Review and Clearance

Another essential component of the transaction is title review. For a title insurance company to insure the property, the title must be clear and marketable. This includes confirming a proper chain of title and resolving any open violations, liens, or judgments affecting the property.

At the buyer’s attorney's request, the title company conducts searches and issues a title report. Any issues identified in the report must be addressed prior to closing. The seller is typically responsible for clearing title matters so that the purchaser receives clear ownership.

Closing

Once the mortgage commitment is issued and the title is cleared, the closing can be scheduled. The lender retains its own attorney to protect its interests and prepare the loan documentation necessary to fund the transaction. The buyer’s attorney, the seller’s attorney, and the lender’s attorney coordinate to finalize the closing.

Experienced Representation Matters

The above is a simplified overview of a real estate transaction. Every deal presents unique facts, deadlines, and potential complications. Careful legal guidance helps protect your interests and avoid costly pitfalls.

Emiliano Perez has represented buyers and sellers in real estate transactions since 2009. If you are considering buying or selling property, we welcome the opportunity to discuss your matter and answer any questions you may have.