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Experienced guidance in the sale or purchase of residential and commercial real estate by a Real Property Law Specialist Certified by the Minnesota State Bar Association.

Real Property Law Specialist
Certified by the Minnesota State Bar Association

I have been a Real Property Law Specialist since the program was created by the Minnesota State Bar Association in 1989. “Specialist” certification helps prospective clients identify an attorney who has demonstrated knowledge and experience in a specific field. Certification is earned by successfully completing an examination that tests knowledge of the substantive law and ethics involved in many areas of real estate law. Real Property Law Specialists are required to have a substantial amount of experience in real property matters and take additional continuing legal education courses in this area of law. A Certified Specialist must be recertified every six years and meet compliance standards annually. More information about MSBA Certified Legal Specialists is available at www.mnbar.org.

Residential Purchase Agreements

A residence is not only a major financial asset, but also a home for loved ones. Real estate matters are complex transactions involving a multitude of details and legal documents. A Purchase Agreement is a binding legal contract and should be reviewed by an attorney before signing. Among important issues to consider are the effect of contingencies, disclosures of the property’s condition, included (or excluded) personal property, financing terms, and critical deadlines. I represent both Sellers and Purchasers in reviewing this and other legal documents associated with a real estate transaction.

Condominiums and Townhomes

Minnesota law provides special rules for common interest properties including condominiums and townhomes. If you move from a free standing single family home into a condominium complex, you will experience benefits including freedom from many maintenance responsibilities, but you will also give up some independence of making decisions regarding the use and appearance of your unit. As a member of the Homeowner Association, you become part of a statutory community with voting rights, but subject to regulations and assessing authority. Minnesota law requires that you receive a Disclosure Statement with copies of certain legal documents. You can cancel a purchase within 15 days after receiving this Disclosure Statement. You should familiarize yourself with the contents of these documents. I review these documents on behalf of clients to identify areas of concern.

Disclosure of Condition of Real Property

The Seller of residential real property is required to provide a detailed written disclosure of the physical condition of the property, unless the Purchaser waives the disclosure or agrees to “AS IS” condition in writing. Many local communities have separate ordinances that require that a written inspection report prepared by an approved inspector be provided to Purchasers before a Purchase Agreement is signed. Some communities focus on simple disclosure while others require repairs to meet housing codes. Despite these safe guards, Purchasers should strongly consider hiring their own independent inspector to inspect the property, which can be included as a contingency in the Purchase Agreement. Sellers should fully disclose all issues regarding the physical condition of the property, including certain history to avoid legal claims after the Closing. You can discuss concerns about physical condition and related documents with me.

Title Insurance

Problems with the legal title to real estate can literally date back over a hundred years. Purchasers of real property normally receive a Warranty Deed, which warrants marketability of legal title. In other circumstances, the Seller may provide a Quit Claim Deed, Personal Representative’s Deed or other documents that have less or no warranty. Title problems can range from defective legal descriptions, missing documents, to errors in the drafting of documents. The Purchase Agreement provides an opportunity for the Purchaser to obtain a title examination and require the Seller to remedy problems. While mortgage lenders generally require title insurance to protect their interest, an additional Owner’s Policy must be purchased to cover the Purchaser’s interest. Often Purchasers fail to obtain title insurance or an attorney's title opinion. If they do obtain a title insurance policy, the policy exceptions must be carefully reviewed. Objections should be made if the policy fails to properly protect the Purchaser. I review title insurance commitments on behalf of clients and work with title companies to resolve concerns. I also provide independent examinations of title.

Real Estate Agents

Experienced real estate agents are very helpful in the successful sale or purchase of real estate. Not only do they help Purchasers find the “right” property, but they also screen potential purchasers to qualify for financing and guide parties through the process to closing. Listing Agreements and Purchase Agreements are legal documents and should be carefully reviewed before signing. Concerns may arise regarding dual agents (representing both sides of a transaction). I work cooperatively with real estate agents while protecting the interests of my clients.

For Sale By Owner

Frequently a Seller and Purchaser reach agreement without the involvement of real estate agents. In “For Sale By Owner” transactions, each party should consult an attorney. I represent both Sellers and Purchasers by drafting or reviewing purchase agreements, and providing advice and documents during the transaction.

Commercial Real Estate Transactions

Besides all of the concerns surrounding residential real estate transactions, commercial property offers many additional complexities. Surveys may need to be obtained and reviewed. Zoning and license approval may be needed from local agencies. Additional title insurance coverage may need to be arranged. Due diligence by the Purchaser may require soil tests, inspections by engineers and environmental impact reports. Commercial lenders have additional requirements, or the Seller may provide financing through Contracts for Deeds or private mortgages. I represent both Sellers and Purchasers through what is normally a lengthy and complex transaction involving a number of related parties. I advise Purchasers regarding the use of a separate legal entity such as a corporation or limited liability company to shelter their personal assets from legal claims arising out of the ownership of the commercial property, and prepare the documents to create your new company. Some of my clients purchase or sell a business with the real estate.

Cabin or Vacation Home

Cabins and other vacation properties present their own unique issues. State laws and local ordinances govern the use of lake property, minimum setbacks from the lake, septic systems and private wells. Questions may arise regarding easements and boundary lines. I can help you navigate these issues to avoid problems prior to or after closing.

Estate Planning

While estate planning is discussed in a separate page of my website, each real estate transaction impacts estate planning and potential probate issues. For example, the deed may transfer title to a single Purchaser, Joint Tenants or Tenants in Common, each with different results in the event of an owner’s death.