We have over 50+ years of experience in real estate in Puerto Vallarta, Tulum, Cancun, Los Cabos and Guadalajara. In addition to our legal expertise, we have a dedicated team of professionals who have been with us for a long time.
The Law Firm of Hoyos y Avilés is made to assist you in any legal matter concerning real property, mortgages, real estate, or construction.
We are committed to providing our clients with the best possible legal service.
De Hoyos Avilés Law Firm Services Can Assist You with the 11 Steps To Closing A Real Estate Deal:
1. Hire a Lawyer who specializes in Real Estate.
It is always better to have a professional legal opinion on your closing documents.
The complex language used in real estate contracts can be difficult to understand, even for those who have attained a higher level of education. For a reasonable fee, an opinion from an experienced real estate attorney can help to provide clues about potential problems.
2. Understand Real Estate Paperwork.
Once you’re done with all the required paperwork, you should read all of it yourself. If you do not understand anything, seek the help of a real estate attorney. Your agent will also be able to provide insight into the legal jargon.
3. Open an Escrow Account.
An escrow account is an account where you put your money and the money of your clients, and it is held in trust until a certain event happens.
A real estate transaction is a formal process that requires a number of steps to be done in a particular sequence.
By having a third party hold the money and documents until the deal is done, we can prevent either the seller or the buyer from being cheated. The third-party can be a bank or a broker.
The money and documents are moved to the seller and buyer once the deal is done.
4. Title Search and Insurance.
A title search is an examination of public records to determine and confirm the legal ownership of a property, and to find out if there are any other claims on the property. If there are any claims on the property, they may need to be resolved before the buyer can purchase the property.
Title insurance is an insurance policy that protects those who are interested in purchasing real estate against financial loss in the form of liens, encumbrances, and title defects. Title insurance is also known as “indemnity insurance”.
5. Complete the Home Inspection form.
A home inspection is necessary to inspect the property and determine its condition. If there are potential problems with the house, you will have the opportunity to back out of the deal or ask the seller to fix it.
If the seller agrees, you will have the option to have them pay you to fix it. You can also negotiate a price that includes a home-inspection contingency.
6. Get a Pest Inspection.
A pest inspection is a special inspection that is undertaken by a pest expert who tests to see if there are any insects, rodents, or even rodents living in your house. Pests can be devastating if they are found in your house. Mortgages often require that even minor infestations be fixed before the deal can be closed.
Pest inspections are legally required in some states and optional in others. The inspection is the first step in discovering if there are any problems with a property.
It is important to note that the seller will pay for the inspection, regardless of whether you decide to purchase the property. You should be able to eliminate the problem. If you are not able to do so, you can negotiate with the seller for a lower price.
7. Re-negotiate the Price and Costs of the House.
Even if the seller has already accepted your offer to purchase the house, you may want to explore the possibility of renegotiating the price to reflect the cost of any necessary repairs revealed by inspections.
You could also keep the purchase price the same, but ask the seller to pay for any repairs. Even if the purchase price has already been agreed upon, there is no harm in asking.
You can still back out of the deal without penalty if a major problem is found that the seller can't or won't fix.
8. Lock in the interest rate for the long term.
It is recommended that you lock in the interest rate for the loan in advance. This will help to prevent you from being at the mercy of the market fluctuations. If a rate hike occurs, you can be sure that your monthly payments will rise significantly. Even a 0.25% rate hike can have a profound effect on your monthly payments and the amount of time it takes to repay the mortgage.
9. Get rid of Contingencies.
A contingency must be moved out by a specific date indicated in the purchase offer, known as active approval.
While some purchase agreements include a clause that allows the buyer to approve a contingency by a certain date, there are others in which contingencies are approved if the buyer does not protest them by the specified deadline. However, buyers must understand the approval process and take the necessary actions by the required dates.
10. Understand Funding Requirements.
If you are purchasing a home, you most likely deposited earnest money with the seller to indicate your good faith. Earnest money is a deposit made to the seller as compensation or as a penalty. Earnest money is returned to the buyer if he or she decides to back out of the deal. If the seller backs out, the money is returned to the buyer.
To complete your purchase, you may need to deposit additional funds in escrow.
You need to make sure you have the right down payment in place before you close the deal.
If you fail to make good on the purchase of a home or a car, you could be charged for the services you used before the deal fell apart, including the earnest money. Furthermore, you could still be charged for the various services you used before the sale fell apart.
11. the Last step to buying a House.
Before signing the final papers, make sure that you look at the home one more time.
You need to ensure that there are no repairs needed or that no damage has occurred since your last home inspection. Also, ask the seller about any repairs that need to be completed and that the sellers have completed.
Finally, make sure that nothing in the purchase agreement has been removed.
The closing process can take anywhere from one week to 60 days, depending on the type of property and whether you are getting a mortgage or making an all-cash purchase.