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  • Know the Real Estate Law

    May 28, 2010 by Jair Morselli
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    Know the Real Estate Law
    Every part of real estate involves the law. There are many complicated legal pieces and many different people are involved in any real estate transaction.
    First and foremost, the contract is most important part of buying and selling property. The primary purpose of a contract is to show mutual assent – the agreement by both parties to the exchange- in writing. Verbal agreements are not binding. To be valid a contract, it must include the following:


    Identification of the parties involved and the agreed upon price


    Specific “consideration” must be stated – something of value that’s being exchanged, usually money


    Signatures of each party involved
    There are checks-and-balances to protect people in every situation and to protect the overall system. Appraisals are used to ensure that the property is worth what the lender and seller have purported. The appraisal prevents shady deals being stuck between investors and mortgage brokers. Commercial property has its own laws regarding use and sale. If there are tenants living in the property, there are specific laws to protect the landlord and tenants. Lenders are held to the law by how much they can loan, what documents and insurance are required, and even how they market their financing programs.

    It’s important to know about tax law, or get advice from a professional, since it greatly impacts your success in real estate investing. Mistakes are costly, and by protecting yourself you can make decisions that will help your bottom line rather than take away your profits.

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