In real estate law practice, a variety of documents are regularly drafted to facilitate the transaction, leasing, development, and dispute resolution processes associated with property. Here are some of the most common documents that real estate attorneys often prepare:
Purchase Agreements: Legal contracts that outline the terms and conditions under which a property is sold and purchased. These agreements specify the purchase price, closing conditions, contingencies, and other critical terms of the sale.
Lease Agreements: Contracts between landlords and tenants that detail the terms of the rental arrangement, including rent amount, lease duration, policies on pets and subletting, maintenance responsibilities, and other essential lease terms.
Deeds: Legal documents that transfer property ownership from the seller (grantor) to the buyer (grantee). Types of deeds include warranty deeds, which provide the buyer with certain guarantees about the title, and quitclaim deeds, which transfer the seller's interest in the property without any title guarantees.
Mortgage and Financing Documents: Documents related to securing financing for the purchase of property, including mortgage agreements that define the terms of the loan, promissory notes that evidence the borrower's promise to repay the loan, and deeds of trust that secure the loan with the property as collateral.
Title Documents: Documents that establish a party's right to ownership of the property, including title insurance policies that protect against losses from title defects and abstracts of title that summarize the property's legal history.
Easements and Licenses: Legal agreements that grant one party the right to use another party's property for a specific purpose, such as utility easements that allow utility companies to install and maintain lines on a property.
Covenants, Conditions, and Restrictions (CC&Rs): Documents that outline rules and guidelines for properties within certain developments or subdivisions, often enforced by homeowners' associations (HOAs) to maintain property values and standards.
Land Use and Zoning Documents: Applications and petitions related to the use and development of land, including requests for zoning variances, special use permits, and site plan approvals from local government entities.
Closing Documents: A comprehensive set of documents prepared for the closing of a real estate transaction, including the settlement statement (HUD-1 or Closing Disclosure), bill of sale, and any documents required for recording the transaction with the local government.
Dispute Resolution Documents: Legal filings related to disputes arising from real estate transactions or property ownership, including complaints, responses, motions, and settlement agreements.
These documents are fundamental to the practice of real estate law, ensuring that all transactions are conducted legally and transparently, while also protecting the rights and interests of all parties involved.