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Premium Services in real estate transactions and planning, and land use expertise.
Your real estate is your biggest investment. The legal process associated with real estate transactions is complicated and you need someone who could navigate you through the Connecticut legal system. Even as a seller, you need an attorney to protect your interests. Whether you want legal advice on recording terms of the deal in a contract, seeking assistance with a zoning matter, or a title search to ensure that a property is free from encumbrances, the Law Office of William K. Gernert can help.
We handle a wide variety of legal matters with a focus on finances and collections, landlord and tenant law, real estate, business law, and foreclosure defense. Every year, we assist hundreds of people in realizing their aspirations for their families and companies.
Our extensive expertise combined with an in-depth understanding of the relevant state/federal real estate rules and regulations allows us to represent both buyers and sellers of commercial and residential real estate. We cover the whole state of Connecticut and attend closings and lease signings all across the state.
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We work with clients to achieve the following goals:
- Represent the client’s interest before and at closing with a Fiduciary mindset.
- Ensure that proper procedures are followed during the acquisition and sale of the property.
- Prepare documentation, issue title insurance policies for buyers, conduct property title searches, and arrange wire transfers for a swift conclusion of real estate transactions.
- Resolve the problem in case of real estate disputes, such as chain of title, lot line problems, or other issues involving contracts.
Why Choose Us As Your Real Estate Attorney?
We are dedicated to meet the needs of our clients
We have two decades of experience representing clients in a wide range of real estate transactions. Having strong ties in Connecticut, we have a reputation to uphold.
We have extensive experience in estate planning, real estate, and business. Our services range from high-end estate planning thru to probate. We combine comprehensive will planning and administration services. If you require legal representation, we will also defend you in court.
Many legal firms concentrate on transactions. We at the Law Office of William K Gernert are committed to building long-term relationships with our clients. It’s a natural continuation of our work. We are available whenever you need us, at whatever stage of your life.
Our staff provides a deep commitment for the job we undertake with each client. Our passion for the law drives us to stay updated on complex tax legislation and the innovative use of trusts to meet our clients’ objectives. Every day, we endeavor to listen effectively, speak clearly, and win our clients’ trust.
No matter what service you need, we can help you find it. We can refer you to accountants, financial planners, mortgage loan brokers, realtors, and other professionals, who can make your buying process easier and faster.
The circumstance you are in is one-of-a-kind. That is why we deliver solutions that are exactly tailored to your requirements.
EXPERIENCE
Attorney Gernert has two decades of experience representing clients in a wide range of real estate transactions. Having strong ties in Connecticut, Attorney Gernert has a reputation to uphold.
PASSION TO FULFILL CLIENTS' GOALS
Attorney Gernert provides a deep commitment for the job we undertake with each client. Every day, he endeavors to listen effectively, speak clearly, and win his clients’ trust.
SPECIALIZED SKILLS
Attorney Gernert has extensive experience in estate planning, real estate, and business. His services range from high-end estate planning through to probate. He combines comprehensive will planning and administration services.
EXTENSIVE REFERRAL NETWORK
No matter what service you need, Attorney Gernert can help you find it. He can refer you to accountants, financial planners, mortgage loan brokers, realtors, and other professionals, who can make your buying or selling process easier and faster.
RELATIONSHIP FOCUSED
Many legal firms concentrate on transactions. Attorney Gernert is committed to building long-term relationships with our clients. It’s a natural continuation of his work. He is available whenever you need us, at whatever stage of your life.
UNIQUE SOLUTIONS
The circumstance you are in is one-of-a-kind. That is why we deliver solutions that are exactly tailored to your requirements.
Services for Real Estate Planning and Administration
Experience you can trust, results you desire
We perform the following services in real estate planning and administration:
Commercial Real Estate Sales and Purchases
Gernert team can help you with buying, selling, and financing commercial property. We provide legal advice regarding construction, financing, environmental issues, zoning, taxes, and other steps for land use and development.
We advise you on home buying or refinancing procedures. We will review all the details of the loan documents, and sales contract to protect your best interests.
Owner Financed Mortgages and Promissory Notes
A promissory note is an important legal document in which the borrower agrees to pay back the lender for the amount he borrowed to buy a property. The Law Office of William K. Gernert advises you on certain terms of the contract like the prepayment penalty or the acceleration clause which greatly impacts your ability to keep a home.
Purchase and Sale Contracts
We memorialize the terms of agreements into formal contracts for our clients. We also provide legal advice on certain legal matters such as purchasing a lease-back by the seller, handling existing tenants, and how to use property in the future.
Title Lookups
Another important service offered by attorneys is a title lookup. Its goal is to ensure that the property is free of encumbrances such as liens and judgments. The title search is required because it establishes if the seller has the legal authority to sell the property. A title search can be done by anyone, but an attorney will be able to accomplish it more quickly and efficiently.
Filings
Real estate deeds must frequently be submitted at both the county and state levels. This is something that a lawyer can do quickly and effectively. In some cases, the transaction may involve real estate in an area where certain types of structures are restricted. If this happens, an attorney can help you navigate the complexities of state laws, allowing you to complete the transaction.
Transferring Real Estate
We assist in the drafting of deeds for the transfer of the real estate. Our experienced team will analyze any documents relating to the real estate transaction that involves a company, partnership, or trust to ensure that all the conditions of the charter agreement are fulfilled. If the agreement is broken without proper legal protocol, the opposing party may be sued.
Lease Negotiations and Drafting
Whether you are a landlord or a tenant, we listen to your goals and concerns to draft a lease for the protection of your interests. We negotiate on your behalf and make recommendations about changes such as drafting any riders or addendums.
Services for Real Estate Planning and Administration
Experience you can trust, results you desire
We perform the following services in real estate planning and administration:
Residential Purchases, Sales, and Refinances
The Law Office of William K. Gernert advises on home buying or refinancing procedures. Attorney Gernert will review all the details of the loan documents, and sales contract to protect your best interests.
Commercial Real Estate Sales and Purchases
Attorney Gernert can help you with buying, selling, and financing commercial property. He provides legal advice regarding construction, financing, environmental issues, zoning, taxes, and other steps for land use and development.
Owner Financed Mortgages and Promissory Notes
A promissory note is an important legal document in which the borrower agrees to pay back the lender for the amount he borrowed to buy a property. The Law Office of William K. Gernert explains each section of the contract and how it impacts our client so they have a clear understanding of what they’re signing.
Title Lookups
Another important service offered by attorneys is a title lookup. Its goal is to ensure that the property is free of encumbrances such as liens and judgments. The title search is required because it establishes if the seller has the legal authority to sell the property.
Transferring Real Estate
The Law Office of William K. Gernert assists in the drafting of deeds for the transfer of the real estate. He will analyze any documents relating to the real estate transaction that involves a company, partnership, or trust to ensure that all the conditions of the contract agreement are fulfilled. If the agreement is broken without proper legal protocol, the opposing party may be sued.
Purchase and Sale Contracts
Attorney Gernert memorializes the terms of agreements into formal contracts for our clients. He also provide legal advice on certain legal matters such as purchasing a lease-back by the seller, handling existing tenants, and how to use property in the future.
We also perform the following tasks
- Request or prepare disclosures
- Draft amendments in case any changes are needed in the original agreement.
- Record the deed
- Attend the closing to ensure the buyer’s rights are protected throughout the process.
What is the home buying process in Connecticut?
Real Estate matters are complicated. Let us be your guide.
When you decide to buy a house in Connecticut, the first step is deciding how to finance it. You need to get pre-approved for a mortgage to prove to a seller that you will be able to pay for a home. Once you know that you can finance your purchase, hire a real estate agent to establish the selling price and terms in a contract. An attorney will review these terms and negotiate adjustments to protect the interests of his clients. When both parties sign it, it becomes a legally binding contract.
A home inspection determines if the home you are purchasing is in good condition or requires costly repairs, such as a new roof or plumbing. You and your real estate attorney can revise your contract with the seller based on inspection results.
A day before the closing, a buyer can walk around the house with the seller and his attorney. Examine the interior and exterior for any damage or faults that have not been detected previously. Any necessary repairs can be resolved with the assistance of your attorney.
The law mandates licensed attorneys to handle a real estate closing anytime financing is involved. A “Real Estate Closing” is defined as a closing for a mortgage loan transaction or any transaction in which payment is given in return for ownership of real property for this section.
Closings involve a mountain of paperwork. Before the closing of real estate, make sure you read and understand all of the mortgage and real estate documentation. Before signing anything, feel free to ask your attorney any questions you have.
Why do you Need to Hire a Real Estate Attorney?
INSTITUTIONAL KNOWLEDGE
Even if this isn’t your first time buying a home, your real estate lawyer has likely gone through the procedure more times than you will in your lifetime. Attorney William K. Gernert has the institutional knowledge that comes from working in the sector daily. It’s critical to have legal support to avoid any risks that could delay, or derail, your real estate purchase.
DOCUMENTATION PREPARATION AND REVIEW
Contract preparation and subsequent discussions can be complicated. An attorney is aware of the various types of business agreements available and their legal implications under the laws of your state. The attorney will ensure that the contract complies with the law and any applicable charter provisions unique to the transaction.
PROTECT YOUR INTERESTS
An experienced attorney protects your interests. By thoroughly evaluating the legal papers, handling discussions, and asking the questions you may not know to ask, a real estate attorney will protect you and your investment. When it comes to one of your most important investments, the financial savings and information that a real estate attorney may bring are invaluable. An attorney may represent a mortgage lender in a situation where a home is purchased with a mortgage loan. In such a situation, an attorney can ensure that the interests of the lender are protected.
CONTRACTS
Most people are capable of bargaining with another person ‘in person’. However, agreements must be properly documented in a written contract to be legally binding. Verbal agreements are not valid. Attorneys can represent you in negotiations and guarantee that the contract conforms with all state laws.
COMMERCIAL PROPERTY
Hiring an attorney is much more critical if the transaction involves commercial property. The attorney will be able to cut through government red tape to establish your corporation or sole proprietorship as a recognized business entity for tax purposes in your state. An attorney can also assist you in obtaining a municipal business license.
faq
The acquisition of a home can or cannot proceed without a real estate binder. It is a document that includes basic business terms of a purchase and sale agreement. A binder is usually delivered to the seller with a small deposit – typically 1% of the purchase price offered. Depending on the language of the contract, it can be enforceable or unenforceable.
A contract documents all the terms and conditions of a sale or purchase. It is a legally binding document which ties two parties to the purchase or sale of a home.
Contingencies are simply occurrences that must take place to complete a real estate transaction. It becomes a part of a sales contract when both the parties agree to certain terms and sign a contract. If a contingency is not “fulfilled,” one or both the parties can cancel a transaction.
Contingency dates are the deadlines by which a specific condition must be met. These are critical as a certain contingency has to be completed by a stated contingency date. In case of delay, either of the parties can officially notify legally beforehand. Failure to do so might result in the termination of the contract.
If a problem turns up during house inspection before the contingency date, the buyer can cancel the contract. In other instances, buyers can negotiate with the sellers to cover the cost of some or all of the costs. Some examples of flaws are broken garage door opener, termites, or plumbing issues.
If there are no unexpected circumstances, a home purchase closing with a mortgage usually takes around one hour. It takes even less time for sellers who have fewer documents to sign. Sellers can pre-sign their documents in certain instances, avoiding the need to attend the closing.
The cost of closing varies from one case to another. Some of the costs involved in the total cost of closing are attorney fees, conveyance taxes, bank fees, title insurance, and escrows.
It’s a tax imposed on the transfer of a property from one owner to another. In CT, there are two types of conveyance taxes, one is paid to the town where the property is located, and another is paid to the state. Municipal tax rates currently (2021) range from 0.25% to 0.5%, depending on the area. If the purchase price is less than $800,000, state taxes are 0.75%, and if it is more than $800,000, they are 1%. Both of these taxes are paid by the seller, while the buyer’s attorney provides the checks for payment at closing.
A Quit Claim Deed is a quick way to transfer property to a buyer but it includes no protection for the buyer, unlike special Warranty Deeds. When a Seller delivers a Buyer a Warranty Deed, the Seller is “warranting” that he or she is the owner of the property and that no one else has any rights to it other than what is revealed in the deed and/or agreed upon by contract. If the Buyer uncovers an unreleased lien or another party claiming an interest in the property after closing, the Buyer may be able to sue the Seller for violation of the warranty of title.There is no such warranty of title with a Quit Claim Deed.
In layman’s terms, title insurance guarantees that you own your house free and clear of any claim, lien, or encumbrance other than those listed on the policy at the time of purchase. If this information is incorrect and a claim is filed against your ownership, the title insurance company pays your attorney’s fees to defend you against the claim, and if the claim is found to be valid, the title company will either pay the claim (up to the policy limit) or fix the title defect at their expense. Lenders will ask you to acquire a “Loan Policy,” which protects the lender’s interest in the property but not yours. In most cases, the Buyer purchases an Owner’s Policy. The state of Connecticut determines title insurance rates, which are dependent on the home’s purchase price. Attorneys function as agents for title insurance firms in Connecticut, and we will handle the issuance of your title policy.
Below are some common legal issues with residential real estate:
- Concerns with Buying a Home
- Concerns with Title
- The manner in Which Title Is Taken and Held
- Different Forms of Deeds
- Survey Issues
- Easement Issues
- Escrow Issues
- Zoning Issues
SERVING CITIZENS OF THE GREAT STATE OF CONNECTICUT
Headquartered in Southbury, CT the Law Office of William K. Gernert has been providing legal services in CT for over 30 years. Our primary legal services are specific to real estate law, bankruptcy law and probate law.
or call: 203-586-1930
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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