We handle a wide variety of property transactions in Montana. Our vast experience ensures that your transaction and any accompanying tax needs are managed properly from beginning to end. We work closely with your banker, realtor, title company, accountant, and other professionals to guarantee every aspect of your transaction goes smoothly.
Whether you need to purchase or lease space for your new business, transfer property as part of your estate or succession planning, or protect your family ranch or mineral interests, your real estate transaction is a big deal to us. We strive to make sure you understand every step in the process and the potential income tax or estate tax implications of your decisions. Do not let poor planning cause you to overpay in taxes. Let us help ensure that your interests and rights are protected.
Types of Montana Real Estate Issues We Handle
It’s important to work with a real estate attorney who has experience in the specific type of transaction you’re dealing with. Both state and federal laws may influence your decisions. You can trust Silverman Law Office, PLLC with your real estate needs, including the following:
- Buying, selling, and transferring residential property. Residential real estate transactions require knowledge of contract law, inspections, title searches, and insurance issues. Whether you are buying or selling, you should have a skilled real estate attorney on your side. We work closely with realtors, inspectors, and even bankers to help you achieve your goals. We will help you draft the necessary contracts and make sure your interests are protected.
- Commercial property. When you’re purchasing or selling a property related to a commercial real estate transaction, you will have to consider many complex issues related to financing and taxes. Many of the steps are similar to residential real estate transactions; however, your real estate attorney must have specialized knowledge regarding how this property will impact your business now and in the future. Silverman Law Office, PLLC can serve as a real estate lawyer and as a legal consultant as you handle commercial property issues.
- Commercial leases. When leasing property, you must enter into an agreement that will impact you now and in the future. You should carefully consider all clauses presented in the commercial lease contract and make sure they benefit your organization. Whether you are a tenant or landowner, you will need keen legal insight into your options for commercial leases.
- Conservation easements. A conservation easement is a unique agreement between a landowner and typically a government agency, nonprofit entity, or land trust that protects the natural aspects of a piece of property. Conservation easements can be beneficial to a property owner; however, if they exist on a piece of land that you are buying, they may pose potential problems. If you are dealing with a conservation easement, contact our real estate attorney today for more information about your options.
- Oil and gas leases. Instead of purchasing or leasing an entire piece of property, many people utilize oil and gas leases to obtain mineral rights for the short- or long-term. Oil and gas leases can be complex and often include many stipulations that typical contracts and property transfers do not. Our real estate attorney can review your contracts and make sure you are getting a good deal.
- Real estate tax issues. Whether you are buying, selling, leasing, or otherwise transferring rights to property, you will likely come across real estate tax issues. Tax laws change constantly and are also extremely complex. Silverman Law Office, PLLC stays up to date with all legal changes and can ensure you consider all real estate taxes before handling your property matters.
- Boundary adjustments and disputes. Although many property boundaries have been established for centuries, the exact location can be confusing. If you need a boundary adjustment or have a property line dispute, you need a real estate attorney who can provide you with trusted counsel. It can be tempting to deal with such an issue on your own; however, if the matter is taken to court, you would be best served by a lawyer with experience in local courts. Further, adjustments must be registered with county and state government entities. It’s often best to let a real estate attorney handle that process so that it gets done properly and there are no disputes in the future.
Taking Care of the Details in Montana Real Estate Transactions
Although all real estate transactions are different, most involve similar steps. Silverman Law Office, PLLC can help you with the following:
- Financing options
- Purchase offers
- Contract and agreement review
- Title searches
- Title insurance issues
- Closings
- Property liens
- Registering with the state
A knowledgeable real estate attorney can guide you through these processes and help you obtain a beneficial outcome. We can give you the advice and guidance you need to protect your rights and interests.
Real Estate Transactions FAQs
At Silverman Law Office, PLLC, we have worked with clients since 2012 with real estate, and we understand that real estate transactions can be complex and sometimes overwhelming. Whether you’re buying, selling, or refinancing a property, having the right information is crucial. That’s why our real estate transaction attorneys have compiled a list of frequently asked questions to help guide you through the process.
How Long Does It Take To Complete A Real Estate Transaction?
The timeline for completing a real estate transaction can vary depending on various factors, including the complexity of the transaction and local regulations. On average, the process typically takes anywhere from 30 to 60 days from the time an offer is accepted to the closing date. This can be for both businesses and personal transactions; working with a lawyer can both streamline the process and protect your best interest in these transactions.
Do I Need A Real Estate Attorney To Handle The Transaction?
While it’s not legally required to have a real estate attorney, having one can provide valuable expertise and guidance throughout the transaction. An attorney can review contracts, negotiate terms, conduct title searches, and ensure that all legal requirements are met, minimizing the risk of potential issues down the line.
What Is A Closing Disclosure, And What Information Does It Contain?
A closing disclosure is a document that outlines the final terms of the mortgage loan, including the loan amount, interest rate, monthly payments, and closing costs. It also includes details about the loan’s terms, such as whether it has a fixed or adjustable interest rate, any prepayment penalties, and whether there’s a balloon payment. A lawyer can review this for you to ensure that it complies with your wishes and plans.
What Are Common Contingencies In A Real Estate Contract?
Contingencies are conditions that must be met for the sale to proceed. Common contingencies include a satisfactory home inspection, securing financing, and the sale of the buyer’s current home — in business it can work much the same way if you have a building you are trying to sell while also trying to purchase another building. These clauses allow either party to back out of the contract if the conditions aren’t met without facing legal consequences.
How Do I Ensure That The Property Has No Legal Issues Or Encumbrances?
To ensure that a property has no legal issues or encumbrances, it’s essential to conduct a title search. This involves examining public records to verify the property’s ownership history, any liens, easements, or other legal issues that may affect the property’s title. Working with a qualified real estate attorney can help ensure that the title search is thorough and accurate.
Navigating a real estate transaction can be complex, but with the right guidance, it becomes much more manageable. If you’re considering buying, selling, or refinancing a property, don’t hesitate to reach out to the experienced real estate transactions attorneys at Silverman Law Office, PLLC. We’re here to help you every step of the way and ensure that your transaction proceeds smoothly. Contact us today to schedule a consultation.
Contact Our Real Estate Attorneys Today for More Information
If you are facing a real estate issue and need legal guidance, don’t wait. Contact Silverman Law Office, PLLC today. We will evaluate your specific situation and develop a plan to manage your real estate needs from start to finish. With our guidance, you can be confident in your real estate transactions.
