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IL real estate lawyerIf you are a first-time homebuyer, there are many legal terms with which you may not be familiar. In residential real estate terms, a deed is a document that proves the transfer of a title of a specific property from one individual to another. A title is the legal right to use and alter the property if the owner so chooses. With a title, the owner can also transfer interest or any portion to others through the deed, which represents the right of the owner to claim the property. The main difference is the title describes or names the primary holder of the property, whereas the deed is the official legal document that is filed.

The Importance of a Title

There is an old saying, “What is in a title?” Basically, title is the legal term that refers to ownership of something. It may be helpful to think of the word “entitle,” which means having ownership or control over something. In real estate, that would be property. A title is a very important element in residential real estate transactions. When a person holds a title to a home, they possess the legal rights, ownership control, and responsibility of that house. Titles can be held by a single person or by two or more individuals, such as a married couple or an adult and his or her parents. It is important to note that titles can also be held by corporations, organizations, and trusts where all the involved parties share certain ownership rights.

Details of the Deed

A deed is the actual paperwork that is signed by someone who is selling or transferring over the rights to their property, and this person is typically known as the grantor. The person buying or taking possession of the home is referred to as the grantee. The deed includes the names of the property’s seller and the buyer, and the seller must sign it to confirm the transfer of ownership.

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IL real estate lawyerCommercial and residential real estate matters can be complicated since they often involve a lot of paperwork and legal terminology. However, it is important to understand all of the terms to avoid losing time or money. One such real estate issue many people may not be familiar with is a mechanic’s lien, which is a legal document that is filed against a house or other similar type of property. Mechanic’s liens are a means by which subcontractors and suppliers can seek payment for upgrades or enhancements that were performed on a property if they are not getting paid per the terms of their contracts.

Making Home Improvements

Homeowners can face a mechanic’s lien even if they do not miss repair or home improvement payments. For instance, if you have your kitchen remodeled and the contractor does not pay the material supplier, that individual or company can put a lien against your house as a way of recovering the money they are owed. You are then responsible for paying any subcontractors, suppliers, or workers for their labor (time) and materials.

Many homeowners do not know that even if they already paid a contractor for work, if the other parties or tradesmen involved in the project are not paid by the main contractor, the subcontractors can come after the property on which the work was performed, such as a house. Ultimately, if you own a home, you may be required to pay for the work a second time, or worst-case scenario, you may have to sell your house if you cannot afford these extra costs.

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Wheaton, IL real estate attorneysThere are a number of reasons that you may want to purchase a home that is being sold by the owner. It could be that the property has everything you have been looking for, or it could simply be a desire to complete an expedient purchase. Whatever the case, there are some risks that you should be aware of, and some factors you should consider, when purchasing a "for sale by owner" (FSBO) property. These risks and factors - and how you can effectively manage them - could prove to be crucial.

You May Have to Do Some Leg Work

Real estate agents are paid (and trained) to address many details for both the buyer and the seller. A FSBO owner, though interested in selling their property, does not have the same knowledge or experience, which means they may fail to provide you with important information. This oversight may not necessarily be intentional, but it is something you should be aware of. Furthermore, FSBO owners may lack the organizational skills needed to complete paperwork in a timely manner.

Be prepared for possible delays and never agree to anything until you have done your homework. At the very least, this should include an investigation on any previous insurance claims filed on the home, a market analysis of the area, research on zoning details and specific details of the property, and an experienced real estate attorney who can protect your interests by examining the contract and other details of the transaction.

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Illinois house shopping, DuPage County Real Estate AttorneyPurchasing a new home can be both exciting and intimidating. Looking at different real estate listings, daydreaming about your ideal home, and gathering different decorating ideas can be fun. However, dealing with the financial requirements and trying to understand the real estate and legal jargon can be confusing. Therefore, consulting with your own DuPage County real estate attorney when you are ready to make the move is essential.

There are several common mistakes made when shopping for a new home, and knowing what those mistakes are can help you avoid those pitfalls.

Mistake #1: Looking Before You Are Ready

The first factor to consider is if you are really ready to purchase a home. Although you may prefer to build equity each month instead of handing your money to a landlord, most real estate specialists agree that if you are planning on moving away from the area in which you are currently living, then you should avoid purchasing a home until you know where you will be settling. If you purchase a home now, you may not be able to resell or rent the home when you move away.

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DuPage County real estate lawyersIf you are planning to build - be it a custom home, subdivision, or mini mall - there are some rules and regulations that you will have to follow. Known as land use and zoning ordinances, these laws restrict what can be built where. Highly complex and esoteric, these laws can make or break your land development or building project. The following information can help you understand the basics.

Why So Many Rules?

Zoning laws and land use regulations were first adopted in New York City in 1916. Since that time, they have been adopted by almost every state, city, and county. Their purpose is multifaceted, covering a wide range of social, environmental, and even appearance issues, including:

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