Real Estate

Real Estate Transactions

You should be represented by Real Estate Attorneys when selling and purchasing a new home, commercial property, or vacant land, leasing property, or dealing with landlord-tenant disputes. 

Real estate transactions – for improved or unimproved property – for residential, commercial, or farm and ranch property – can be complex and challenging.

The main focus of a realtor is to put buyer and seller together, and realtors are very good at that.  However, realtors are not licensed to give legal advice.

From the simple to the complex, Sell Griffin McLain has represented thousands of clients in a wide array of real estate matters.  We have the experience and expertise to meet the needs of the client involved in any real estate matter in an efficient and economical manner while minimizing risk.

Anyone who has bought or sold a home is familiar with the amount of paperwork involved in the process.  An experienced, knowledgeable Real Estate Attorney can research, draft, negotiate, and help you understand legal documentation relating to real and personal property. 

Common Real Estate Transactions

The following are some common real estate matters with which a skilled attorney at Sell Griffin McLain can assist you :

• Purchase and sale agreements (contracts) for Commercial, Residential, Farm &  Ranch (whether improved or unimproved) property
• Residential, Commercial, and Farm & Ranch closings
• Deeds and title transfers
• Mortgages / Deeds of Trust
• Contracts for Deed
• Foreclosures and Evictions
• Easements and Rights-of-Way
• Land use and development
• Homeowner Association Rules & Regulations
• Boundary disputes
• Title curative issues
• Liens for contractors
• Construction Contracts and related documents
• 1031 Tax Deferred Exchanges
• Residential and Commercial Leases
• Contract disputes
• Landlord-Tenant disputes
• Loan Modifications
• Lease Agreements
• Sublease Agreements
• Lease Amendments

Commercial

The attorneys at Sell Griffin McLain have the knowledge and ability to assist you with commercial real estate matters, including but not limited to:

• Purchase and Sale of Property
• Contract Review and Negotiation
• Review of Title Commitment
• Lease Drafting and Review
• Lease Enforcement
• Easements
• Land Use and Zoning Issues
• Dispute Resolution

Overall, the knowledge and experience of a Commercial Real Estate Attorney can provide valuable guidance and protection throughout the various stages of Commercial Real Estate transactions. They can help you navigate legal complexities, minimize risks, and ensure that your interests are safeguarded in all aspects of Commercial Real Estate matters.

Residential

Buying a home is often the largest investment of an individual’s lifetime.  It is both an exciting event and a significant financial and legal transaction.

With such a key purchase at stake, having an attorney throughout the home-buying process to provide advice, answer questions, and protect your interests is both prudent and valuable. At the law offices of Sell Griffin McLain, we take the time to understand and provide personalized advice based on your unique circumstances and help you navigate any legal complexities involved in purchasing a home. 

Likewise, selling a home is also a big step in life, and having the advice of an attorney can prove beneficial. You may need to coordinate the sale of one residence and the simultaneous purchase of a new home. You should have an experienced Real Estate Attorney review the contract for each transaction to ensure there are no hidden conflicts or contradictions, and that you are aware of any stipulations you are required to perform.

The attorneys at SGM can provide valuable guidance and can protect your interests (whether seller or buyer) throughout the process.  We have handled innumerable transactions for the sale and purchase of residential properties – both for homeowner use and for investor rental property.

Some of the services we provide are:

• Contract Review and Negotiation:  The sale/purchase agreement for a home is a legally binding contract that outlines the terms and conditions of the transaction. We are experienced in the drafting and review of contracts, deeds, loan documents, and all other related documents. We can review the contract to ensure that your interests (whether seller or buyer) are protected, explain any complex legal language or contingencies, and help negotiate favorable terms on your behalf.
• Review of Title Insurance:  Prior to closing, you should have an attorney review the commitment for title insurance to ensure that the property title is free and clear of liens and any unexpected claims or defects.  For a seller, the attorney can assist in clearing any title defects.  For a buyer, the attorney will explain any restrictions for use of the property and make sure you are aware of any easement that could interfere with your planned use of the property.

Farm and Ranch

Sell Griffin McLain specializes in providing comprehensive legal services for farm and ranch properties.  We understand the unique challenges and regulations that pertain to agricultural land. 

We handle all aspects of farm and ranch property transactions, including purchases, sales, and leases. Our attorneys will guide you through the legal intricacies involved in transferring ownership or establishing lease agreements, ensuring that your interests are protected and the transaction is conducted smoothly. Whether you are a farmer, rancher, landowner, or investor, we are here to assist you with all your legal needs in the rural real estate sector.

Contracts

You should not sign a contract to buy or sell real estate without consulting with a knowledgeable Real Estate Attorney. If you sign a contract and then discover it contains terms that you did not intend, it may be too late for an attorney to negotiate changes.

An attorney can review the contract from your perspective, protecting your interests and ensuring that the terms are fair and reasonable. An experienced attorney can identify any unfavorable provisions, ambiguities, or potential loopholes that may put you at a disadvantage as well as provide advice on how to negotiate or modify the terms. They can advise you on risk mitigation strategies, such as including specific clauses or provisions to protect your interests or limit your liability.

When negotiating the terms of a contract, having an attorney on your side can be beneficial. We can provide guidance on what terms are standard, what can be negotiated, and what provisions may need to be added or modified to better suit your needs. At Sell Griffin McLain, our attorneys’ experience in contract negotiations can help you achieve a more favorable outcome. Our goal is your success. 

Contract Dispute

Contract disputes in real estate can take many forms.  Some of the more common disputes include:

• Purchase and Sale Disputes: Disagreements may arise between buyers and sellers regarding the terms of a real estate transaction. This can include issues related to non-disclosure of property defects, misrepresentation of property information, disputes over purchase price, failure to close the transaction, or other breach of contract.
• Boundary and Easement Disputes: Boundary disputes involve disagreements over the location of property boundaries. Easement disputes typically arise when there are conflicts regarding the right to use or access a particular portion of a property by a third party or neighboring property owner.
• Landlord-Tenant Disputes: These disputes can involve issues such as non-payment of rent, lease violations, property damage, security deposit disputes, eviction proceedings, or other breach of a lease agreement.

When small disputes escalate, the result can be the threat of litigation or a party actually filing a court case. Many contracts allow for alternative dispute resolution rather than costly litigation. Throughout the dispute resolution process, an attorney can provide you with legal advice, answer your questions and address your concerns. An attorney can explain the potential risks, costs, and benefits associated with various courses of action, enabling you to make informed decisions.

If you have suffered financial losses or damages as a result of the dispute, we can help assess the extent of your loss and work toward maximizing your recovery. We can also help identify potential claims, calculate damages, and pursue the appropriate legal remedies.

The experienced attorneys at Sell Griffin McLain are able to represent your interests whether through negotiation, mediation, or litigation.

Closing

When buying a property, a closing is the last step to finalizing the purchase.  For the Real Estate Attorney, there are many steps and details to address before a successful closing.

The attorneys at Sell Griffin McLain are knowledgeable and experienced in all aspects of closing real estate transactions.

When representing a seller, we will prepare documentation for the closing. This includes title curative matters, if required, preparation of the deed, and review of the closing statement to verify fees charged to the seller are correct.

When representing a buyer, we will review the title commitment issued by the title company for clarification of title exceptions, and we will review the closing statement to verify fees charged to the buyer are correct.

Eviction

If you are a landlord dealing with tenants who have breached the terms of your lease, damaged your property, or failed to pay rent, you may want to consider Eviction.

The Eviction process must be carried out carefully and must adhere to state and local laws from start to finish.

The attorneys at Sell Griffin McLain will handle and direct all aspects of the Eviction to ensure that every step of the process is legally addressed in a timely and cost-efficient manner.

Foreclosure

Foreclosure is the legal process used when a borrower defaults on a mortgage loan.

If you are the holder of a debt secured by a lien on real or personal property and your borrower fails to pay you, Sell Griffin McLain can assist you in collecting the debt while protecting your rights to the property.

When a borrower defaults, the lender has the right to schedule the sale of the real and/or personal property at public auction.  If a borrower is unable to meet the requirements to satisfactorily reinstate the loan, the public auction will result in either (i) the lender taking ownership and possession of the property or (ii) a successful third-party bidder paying the lender and becoming the owner of the property.

Foreclosure is a lengthy, complicated process and must be conducted in a manner that complies with the laws of the State of Texas.

SGM has represented lenders in hundreds of foreclosure actions over the past decades throughout the Texas Panhandle.