Let Us Handle the Details

Eichelberger Law Office can assist you in understanding your rights concerning purchasing or selling your home. Real estate transactions are heavily regulated by state and federal laws. Generally, the transaction is handled by licensed professionals, including realtors and loan officers. However, no one other than an attorney can advise you concerning the legal consequences of your actions. Let our attorneys help guide you through the terms of your Purchase Agreement, status of title and loan documents. This is normally the largest financial transaction of your life, by the way. Why would you not want the experience and professionalism that comes with a client relationship?

Our full service real estate department can provide you with proficient title examination, quick and accurate closing coordination, and confident settlement services and a competitive fee.

More and more homeowners are deciding not to sell their home with an agent. Those who want to save by avoiding commission can choose to sell their house without the assistance of an agent-also known as "for-sale-by-owner" (FSBO) transactions. FSBO transactions can save homeowners thousands of dollars by foregoing the commission to agents. However, the buyer's agent, if any, could still be entitled to some type of commission.

FSBO sellers must be responsible for the following:

• Marketing the home to maximize their return on the sale.
• Staging the house for sale by cleaning, clearing clutter, and repairing defects.
• Tasks related to listing the home, including writing descriptions and posting photographs.
• Negotiating key terms of the purchase agreement, including conditions, concessions, and the final price.
• Complying with conditions within the purchase agreement.
• Handling required filings, disclosures, and paperwork under Iowa law.
• Failing to comply with applicable laws and regulations can lead to costly fines, liability for damages, and even criminal penalties in extreme situations.

If you are interested in performing a FSBO sale and want to make sure you are in compliance with all applicable requirements and duties under Iowa and federal law, you should consult with one of our experienced Muscatine real estate attorneys at the Eichelberger Law Office.

We offer the following services for FSBO sellers as a cost-effective alternative to using an agent:

• Comprehensive legal advice on applicable laws
• Reviewing, negotiating and/or drafting purchase agreements and disclosure statements
• Reviewing and analyzing title opinions
• Assisting in the ordering of proper lien payoffs
• Checking for legal regulatory compliance at vital stages of the transaction
• Residential & Commercial Transactions
• Investigating title records for defects
• Reviewing terms in purchase agreements
• Evaluating the sufficiency of written disclosures
• Reviewing landowner association Covenants, Conditions & Restrictions (CC&Rs)
• Advising on the legal implications of financing

The rightful owner of real estate has "title" over the land-meaning that they have superior rights for the exclusive possession and use of the property.

Title for real property can be shown in different ways. A property deed is a legal document evidencing the transfer of title from one person to another. The deed is then recorded with the county recorder to show the chain of ownership over the land in question.

The resolution of conflicting title claims over land is subject to well-establish legal principles. When there are competing title claims, one claim typically loses due issues such as the owner's liability or defects in transferring or recording title.

The party with inferior title could sustain a significant economic loss. Our real estate attorneys will examine the abstract for the real estate to investigate the chain of title associated with the property in question. We will then issue a title opinion to the property buyer, and potentially the buyer's lender, summarizing the results of our investigation. We will also work with Iowa Title Guaranty to secure a Title Certificate to cover any risk of loss.

As your title examiner, Eichelberger Law Office looks for issues that could impair a title claim, such as:

• Defective deeds
• Problems with recording title
• Property liens
• Tax liability
• Settlement demands and judgments of liability
• Outstanding loans and mortgages
• Unpaid Homeowners Association dues or fees
• Consequences of deceased titleholders

Leasing property is a significant part of our real estate system. Buying and owning land is beyond the financial abilities of many people, depending on their location. In landlord-tenant cases, both parties have certain rights and duties with respect to each other.

In Iowa, the Uniform Residential Landlord and Tenant Act governs landlord-tenant matters for residential rental properties. Generally, landlords are obligated to deliver possession to tenants, according to the terms of a lease agreement. Tenants are generally obligated to pay rent and reasonably maintain the property. Our dedicated attorneys at Eichelberger Law Office have experience representing the parties in both residential and commercial landlord-tenant matters.