Our Real Estate Practice
When buying, selling or refinancing a home, many issues can arise. At Stobierski & Stobierski, we help make the process as stress free as possible. We will guide you through all steps of the transaction from accepting a pending Offer to representing you at the closing.
As local lawyers, we are familiar with the area, its real estate brokers and lending institutions. Our goal is to help clients make good decisions during each step of the transaction.
Our firm also offers support staff, who are available to answer your questions.
SERVICES OFFERED:
Residential:
Title Examinations and title insurance
Legal analysis with solutions if problems occur
Preparation and negotiation of a Purchase and Sale Agreement
Financing recommendations
Coordination of closing with the lender and all parties in the transaction
Plot Plan review
Representation at closing
Proper disbursement of loan proceeds
Proper execution and delivery of loan documents
Commercial
Contraction preparation and negotiation
Title examination and title insurance
Coordination of closing with the lender and all parties in the transaction
Legal analysis with solutions if problems occur
Preparation and negotiation of a Purchase and Sale Agreement
Financing recommendations
Survey review
Representation at closing
Proper disbursement of loan proceeds
Proper execution and delivery of loan documents
Our Fees:
Generally, the firm offers a flat fee for a purchase, sale or refinance. Please call us at (413) 774-2867 or email us with your questions at pam@stobierski.com. We welcome your inquiries.
Commonly asked questions:
- Why do I need a lawyer?
A lawyer is someone who represents your interests in a real estate transaction. Further, a lawyer is responsible for disbursing correctly all loan proceeds so that any liens are properly paid off. The lawyer will help advise throughout the closing process and does not have any other interest in the transaction other than to represent the client.
- Should I sign the Offer before I talk to a lawyer?
This situation commonly arises in many real estate transactions. The preferred answer is, talk to a lawyer first. However, if this is not possible, at the very least, READ the Offer completely before signing it. The Offer becomes the foundation of the deal.
- Do I really need a house inspection?
Yes, Yes, Yes. When making one of the biggest financial decisions of your life, consult a professional inspector when deciding to purchase.
- What is Title insurance?
Title insurance is a type of insurance that can be purchased when you buy a home. It protects a homeowner against issues that can affect title to your land in a negative way. All lenders require a buyer to purchase lender’s insurance. It is usually advisable to purchase an Owner’s Insurance policy as well for an Owner’s Policy protects you, the landowner, solely during the entire length of ownership of the home. Our firm can provide quotes for your title insurance needs.
- What is a Plot Plan?
Most lenders require a home buyer to have this document at closing but even if you are not financing the transaction, it is advisable to have a Plot Plan. The buyer’s attorney usually arranges for a plot plan engineer to visit the home and make an inspection of the land to make sure the home is within the lot lines of the property and that there are no encroachments on the land. This guards against finding out about problems later, so that if a problem exists, it can be addressed before you buy the property.
- What is a Title Examination?
This examination occurs at the registry of deeds in the county where the property is located. It consists of examining the property records to the home you seek to purchase for fifty (50) years. Prior owners are examined to make sure there are no liens, attachments or other creditor issues associated with the property. A clear and marketable title is critical, for eventually, every buyer becomes a seller. The lawyer retained to handle the purchase will generally be responsible for the title examination.
- How long does the purchase/sale process usually take?
Generally, six (6) weeks from an accepted Offer to closing is a normal time frame. However, delays do happen when financing or inspection issues occur.
- What is a closing and will I need to attend the closing?
A closing is a meeting of all the parties to a transaction where a deed is delivered and documents are signed. Most sellers do not attend the closing. They merely give their attorney the authority to close but have signed the Deed in advance. Generally, buyers must attend the closing if they are financing the property. Bank documents usually require the borrowers to be present to sign all the documents.
- What is a Declaration of Homestead?
M.G.L. Ch. 188, §1 allows a homeowner to file this Declaration in the registry of deeds that the property is located in. It protects the equity in the home up to Five Hundred Thousand ($500,000.00) Dollars. For a small fee, our firm will prepare and file this document for you. It is advisable to sign and file this document.
- If I am a buyer, how will I know how much money to bring to closing?
The lawyer you hire will gather all figures for closure. These figures will include bank fees, recording fees, adjustments, etc. He/she will then call you to advise what monies will need to be brought to closing. The check you will need to bring should be a certified bank check. The good faith estimate that the lender provides will provide an estimate, but will not be the exact amount.