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When purchasing real estate, whether for personal reasons or business reasons, an attorney should be an integral part of your team.

When purchasing real estate, people often feel the need to rush into the signing of an Earnest Money Contract in order to protect the right to buy the property in which they are interested. The Earnest Money Contract is probably the single most important document you will sign in connection with the purchase of real estate, and you should always have your attorney review it before you sign the document. The importance of clarity in the Earnest Money Contract to the smooth closing of a real estate sale cannot be over stressed; the duties of all parties during the period between offer and closing are specifically set forth in the contract. Few situations are "standard" and most situations require revision or additions to the "standard form." An attorney who specifically represents your interests from the initial stage of purchase can advise you on important issues before the contract is signed.

When selling real estate, you should consult your attorney regarding the terms of the Earnest Money Contract you intend to use in connection with the sale and regarding issues of liability that may arise for an individual selling his home.

Entering a residential or commercial lease as either a landlord or a tenant is also a situation where an attorney's assistance can prove invaluable in protecting your rights and limiting your liability. The specificity of the terms of the lease can substantially affect the relationship of the parties during the lease term. Whether you are the landlord or the tenant, it is to your advantage to have the lease reviewed by an attorney before an agreement is signed.

Purchasing and financing large items of personal property
can sometimes seem deceivingly simple. Although many people are unaware of them, there are numerous laws which protect consumers in these kinds of purchases. Often, the form contract alone will tell a great deal about the individual or business with whom or which you are dealing. Your rights under the contract should be clearly set out and should allow you generous cure periods and clear notices before any action can be taken to collect the debt or repossess the property.

When entering a lease of equipment for business or personal needs, you should consult with an attorney to assure that your interests are protected to the maximum extent. Because of the subtle differences which can arise in these leases, it is always advisable to consult with your attorney and have the lease reviewed before you sign.

Duncan, Bressler & Williamson, Inc.     1020 NE Loop 410, Suite 500 San Antonio, Texas 78209     210.224.0781     Fax 210.224.6958     

Unless otherwise noted - Not Certified by Texas Board of Legal Specialization

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