The attorneys at Seal & Kennedy have extensive experience with many real estate matters, and can assist with your real estate needs including the review, negotiation, or drafting of the following documents:
Real Estate Contracts and Agreements
Listing Agreements: A listing agreement is an agreement entered into between a property owner, and a real estate agent, to retain the agent to attempt to sell or lease real property, detailing the length of the listing and commission percentage, among other issues.
Real Estate Purchase Contracts (REPC): A REPC is an agreement entered into between a seller and potential buyer for real property, setting forth the terms and conditions of the proposed purchase, due diligence period, and potential closing date and conditions relating to the purchase of the property. These agreements can also deal with numerous issues pertaining to the sale and purchase of the property.
Promissory Notes: A promissory note is a document evidencing a promise to pay a debt for a specific amount on the part of the buyer/borrower to the seller/lender, including the total amount due, and the terms of payment of the debt.
Deeds of Trust: A deed of trust is a document where a security interest is transferred to the trustee who holds it as security on a loan/debt, securing the debt in case the purchaser is unable to perform on the contract or make the required payments. This document allows the seller to recover the property in the event of a default on the part of the buyer/borrower. A deed of trust works very similar to a mortgage.
Deed of Reconveyance: A deed of reconveyance is a document that releases the security interest in the property once the buyer/borrower has paid off the debt in full.
Listing Agreements: A listing agreement is an agreement entered into between a property owner, and a real estate agent, to retain the agent to attempt to sell or lease real property, detailing the length of the listing and commission percentage, among other issues.
Real Estate Purchase Contracts (REPC): A REPC is an agreement entered into between a seller and potential buyer for real property, setting forth the terms and conditions of the proposed purchase, due diligence period, and potential closing date and conditions relating to the purchase of the property. These agreements can also deal with numerous issues pertaining to the sale and purchase of the property.
Promissory Notes: A promissory note is a document evidencing a promise to pay a debt for a specific amount on the part of the buyer/borrower to the seller/lender, including the total amount due, and the terms of payment of the debt.
Deeds of Trust: A deed of trust is a document where a security interest is transferred to the trustee who holds it as security on a loan/debt, securing the debt in case the purchaser is unable to perform on the contract or make the required payments. This document allows the seller to recover the property in the event of a default on the part of the buyer/borrower. A deed of trust works very similar to a mortgage.
Deed of Reconveyance: A deed of reconveyance is a document that releases the security interest in the property once the buyer/borrower has paid off the debt in full.
Deeds & Conveyance documents
Warranty Deeds: A warranty deed contains the warranties from the Seller, that the property being conveyed to the Buyer is free and clear of any liens or encumbrances.
Quit Claim Deeds: A quit claim deed transfers any interest owned by the seller/grantor to the buyer/grantee. This deed does not warrant the state of the title.
Special Warranty Deeds: A special warranty deed is a deed wherein the seller/grantor only warrants or guarantees that the seller/grantor did nothing during their ownership of the property to encumber the property, or cause defects in the title.
Warranty Deeds: A warranty deed contains the warranties from the Seller, that the property being conveyed to the Buyer is free and clear of any liens or encumbrances.
Quit Claim Deeds: A quit claim deed transfers any interest owned by the seller/grantor to the buyer/grantee. This deed does not warrant the state of the title.
Special Warranty Deeds: A special warranty deed is a deed wherein the seller/grantor only warrants or guarantees that the seller/grantor did nothing during their ownership of the property to encumber the property, or cause defects in the title.
Landlord/Tenant and related documents
Residential rental lease agreements: Residential lease agreements set forth the terms of a lease between a tenant and landlord for the occupancy of residential property. This document typically sets forth the obligations and requirements of both the landlord and tenant, including but not limited to the rental rate, duration of the rental term, deposits, which party is responsible for taxes, which party is responsible for utilities, and many other issues.
Commercial rental lease agreements: Commercial rental lease agreements sets forth the terms of a lease between a tenant and landlord for commercial property. This document typically provides details regarding the obligations and requirements of both the landlord and tenant, including but not limited to the rental rate, duration of the rental term, deposits, which party is responsible for taxes, which party is responsible for utilities, signage, repairs, and many other issues.
Notice to vacate: A notice to vacate is the document provided to a tenant, by a landlord, at the end of a lease term, or when the landlord is ready to terminate a month to month tenancy, or a tenancy at will. This document provides the timeline for when a tenant has to vacate the property or be determined to be unlawfully detaining the premises.
Notice to quit: A notice to pay or quit is the document provided to a tenant by a landlord, when the tenant is breaching the terms and conditions of the lease, by either failing to pay, or failing to meet other obligations under the terms of the lease. This notice instructs the tenant to pay the money, fix the breach, or to vacate the property within a defined period of time.
Unlawful detainer complaint: If a tenant has stayed in the landlord's property beyond the lease term, or has breached a lease, and failed to cure the breach in accordance with the notice to quit, the owner/landlord may file an unlawful detainer complaint in the appropriate court, to seek a court order to remove the tenant from the property, and to potentially award financial damages to the landlord when appropriate.
Residential rental lease agreements: Residential lease agreements set forth the terms of a lease between a tenant and landlord for the occupancy of residential property. This document typically sets forth the obligations and requirements of both the landlord and tenant, including but not limited to the rental rate, duration of the rental term, deposits, which party is responsible for taxes, which party is responsible for utilities, and many other issues.
Commercial rental lease agreements: Commercial rental lease agreements sets forth the terms of a lease between a tenant and landlord for commercial property. This document typically provides details regarding the obligations and requirements of both the landlord and tenant, including but not limited to the rental rate, duration of the rental term, deposits, which party is responsible for taxes, which party is responsible for utilities, signage, repairs, and many other issues.
Notice to vacate: A notice to vacate is the document provided to a tenant, by a landlord, at the end of a lease term, or when the landlord is ready to terminate a month to month tenancy, or a tenancy at will. This document provides the timeline for when a tenant has to vacate the property or be determined to be unlawfully detaining the premises.
Notice to quit: A notice to pay or quit is the document provided to a tenant by a landlord, when the tenant is breaching the terms and conditions of the lease, by either failing to pay, or failing to meet other obligations under the terms of the lease. This notice instructs the tenant to pay the money, fix the breach, or to vacate the property within a defined period of time.
Unlawful detainer complaint: If a tenant has stayed in the landlord's property beyond the lease term, or has breached a lease, and failed to cure the breach in accordance with the notice to quit, the owner/landlord may file an unlawful detainer complaint in the appropriate court, to seek a court order to remove the tenant from the property, and to potentially award financial damages to the landlord when appropriate.
