Why Hiring a Local Real Estate Attorney Matters When Buying or Selling Property

If you’re searching “real estate attorney near me,” you’re already taking a smart step toward protecting one of the biggest financial transactions of your life. Whether you’re buying your first home, selling investment property, or handling a complex title issue, having a local real estate attorney by your side is essential.

“Real Estate Attorney Near Me” is a top Google search for a reason. Here’s why choosing a local expert isn’t just convenient—it’s critical.

1. They Know Local Laws and Regulations

Real estate law can vary significantly from State to State, County to County, even Town to Town. A local real estate attorney understands the specific laws, zoning rules, disclosure requirements, and municipal procedures that apply in your area. This local knowledge helps prevent costly errors and delays.

2. They Have Local Relationships

Experienced local attorneys often have established relationships with:

• Title companies
• Mortgage lenders
• Real estate agents
• Local government offices

These relationships can streamline communication, speed up closings, and help resolve unexpected issues more quickly.

3. They Understand the Local Market

A local real estate attorney can provide insight into market-specific issues—like whether a certain area has a history of title disputes, easement problems, or unusual zoning limitations. This kind of insight can protect you from hidden risks before you sign anything.

4. They’re Readily Available

A nearby attorney can meet in person, attend your closing, or stop by a local property if needed. Having someone physically close makes communication easier and ensures quicker response times—something that’s critical when deadlines are tight.

5. They Can Represent You at Closing

In many states, including Connecticut & New York, an attorney is required to conduct and sometimes be present at closing. But even if it’s optional in your area, having a local real estate lawyer at the closing table ensures that:

• Your documents are accurate
• The funds are properly distributed
• Any last-minute legal issues are handled immediately

6. They Know Local Customs

Besides laws, there are usually local customs when it comes to a real estate closing. Often, things such as who orders resale in a condominium purchase or sale, who holds the security deposit, who drafts the contract, and other parts of a real estate closing are governed by local custom rather than statute. If there is no law about it, usually the local professionals have already worked out a process that works for them. Having a real estate attorney local to where you are buying or selling helps keeps transactions smooth.

7. They Help You Avoid Common Pitfalls

From poorly written contracts to title defects or surprise tax liens, a local attorney can help you spot red flags and avoid making decisions that could lead to litigation or financial loss.

Local Matters in Real Estate Law

Choosing a “real estate attorney near me” isn’t just about convenience—it’s about making sure your real estate transaction is done right. A local attorney offers the experience, relationships, and regional knowledge needed to protect your investment and provide peace of mind.

If you’re buying or selling real estate in Connecticut or New York, don’t go it alone. Contact our office today to schedule a consultation with a trusted local real estate attorney.

Need a Real Estate Attorney Near You?
Call us today 203-885-0500

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That’s Right; If you hire Glouzgal Law PLLC to be your real estate attorneys, we will review and advise on the following at NO CHARGE:

1. Real Estate Agency/Brokerage Exclusive Right to Represent Agreements or Listing Agreements;
2. Real Estate Agency/Brokerage Dual Agency Agreements;
3. Offer to Purchase;
4. Purchase and Sale Agreement;
5. Inspection Reports.

If you are Buyer and you engaged Glouzgal Law PLLC to represent you in your real estate purchase, you will not be charged a fee if:

1. We have reviewed documents for you but your offer is not accepted:
2. Your Offer was accepted but the deal falls apart during Attorney Contract negotiation;
3. You sign an offer or contract but you perform inspections and the condition is unsatisfactory, Seller won’t make repairs or offer compensation, so you terminate under the inspection contingency.

Further, only limited fees, assessed on a case by case situation based on work performed, will be charged if the purchase fails because the Buyer/Client cannot get a mortgage and must terminate under the mortgage/financing contingency.

If you are a Seller and you have engaged Glouzgal Law PLLC to represent you in your real estate sale, you will not be charged a fee if:

1. We have reviewed documents for you but the property never sells and you decided to de-list it;
2. You accept and Offer but the deal falls apart during Attorney Contract negotiation;
3. You sign an offer or contract but the Buyer performs an inspection, we cannot come to an agreement on a remedy for inspection items, and the Buyer terminates the purchase under the inspection contingency.

Further, only limited fees, assessed on a case by case situation based on work performed, will be charged if the sale falls apart because the buyer cannot get a mortgage and must terminate under the mortgage/financing contingency.

What are the client’s obligations?

Of course, all clients will still need to sign a Representation Agreement or Engagement Letter officially hiring Glouzgal Law PLLC to be their real estate attorney; this document will outline our services and fees. Also, while there will be no charge for our fees, any third party fees that we incur on behalf of the client will need to be paid.

WHY WOULD GLOUZGAL LAW PLLC OFFER THESE LEGAL SERVICES AT NO CHARGE?

At Glouzgal Law PLLC we want to represent our clients to the best of our ability. We want to stop problems before they occur, rather than have to work twice as hard to fix problems later. We want our clients to not worrying about having to pay us if something happens in the early stages of the real estate transaction that is not their fault. Clients that come to us days or weeks after signing agreements, offers and contracts may get bad news regarding issues that could have been avoided if we were consulted before those documents were signed. Our goal is to properly advise through the entire real estate process.

Lets be honest, whether you are buying or selling, a real estate transaction can be stressful and aggravating. We aim to alleviate some of that burden by eliminating the concerns over getting access to legal counsel.

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Due to significant increased costs in doing business, namely when it comes to regulatory compliance, Connecticut Attorneys Title Insurance Company (CATIC®) recently requested and have been approved for a rate change on title insurance on real estate in Connecticut. This will be only their second rate increase since 1992.

The new rates on title insurance for real estate in Connecticut are essentially a 9% increase.

The rate change will take effect with mortgage originations occurring on and after February 3, 2020.

For a LIVE accurate quote on title insurance for real estate in Connecticut, visit https://caticulator.com/

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Capital Contribution to HOA

Closing Costs Paid to Condo Association

Today, I had a closing with a client n a condominium in New Milford. The particular condominium association (or home owners association, commonly called “HOA”) had a condition to buying a property there: he had to make a “capital contribution” to the association accounts in the amount of two months of HOA fees. This left my client wondering: “Why do I have to a capital contribution to the condo association?”

FHA Guidelines for Condo Associations

The answer here is regulation by the Federal Housing Authority, or “FHA”. In order for potential buyers to be able to get FHA loans for units in a certain condo complex, that complex has to meet numerous guidelines. Some of these guidelines pertain to the fees, budget, and funds on deposit of the condo association.

Keep in mind, associations DO NOT have to comply with FHA guidelines. They do it as a courtesy to potential homeowners, so that they can get FHA and CFHA loans for the units in that complex. This is important because it allows the buyers to get loans with as low as 3.5% down and great interest rates if they qualify for FHA loans. This is also good for potential sellers of condominiums because it increases the number of people that can afford to buy the units in FHA approved complexes.

Which FHA regulations are Capital Contributions meant to meet?

Adequate Reserve Funds

One of the FHA requirements for condominiums is that they maintain an adequate reserve on deposit. There is no set dollar amount. However, there are two main concerns:

1. Funds to cover all insurance deductibles; and
2. Funds to cover repairs and replacements for two years.

By charging a new unit owners a Capital Contribution, the HOA can make sure they have sufficient funds on deposit and can remain compliant with FHA regulations.

Delinquent HOA Dues

Another FHA requirement is that no more than 15% of unit owners can be 60 or more days behind on their HOA dues.

By charging two months of dues up front, if the owner becomes ill or loses their job and cannot make their HOA payments, the HOA can give themselves a buffer on collecting those overdue HOA fees from unit owner.

Questions About Buying a Condo in Connecticut? Call Attorney Glouzgal at 203-885-0500

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Power of Attorney When Buying or Selling Real Estate

Authorizing Somebody Else to Act on Your Behalf

A power of attorney is the term used for an express authorization allowing somebody else to act on your behalf for a specific purpose. A power of attorney can be as general or as specific as the person creating the authorization wants and can allow somebody to make healthcare, financial, and other decisions on their behalf.

One common use for a power of attorney is in the context of a real estate transaction. The main use for a real estate power of attorney is to allow somebody else to execute, or sign, documents on behalf of a buyer or seller who is not present at the time of conveyance (or transfer) of the real estate property.

For example, if a Seller has moved to another state but is selling property in Connecticut, they may want to authorize a family member or their attorney to sign the deed transferring title on their behalf. A Buyer who is not present for a closing, for example if they are on active duty, can authorize a family member or their attorney to sign the mortgage and other loan documents on their behalf. Even entities such as corporations or LLC’s can authorize an individual to act on their behalf for the purpose of executing closing documents.

Whenever the use of a power of attorney is being considered, an experienced real estate attorney should be involved. The power of attorney must contain certain terms and be drafted properly, and then needs to be executed in a certain manner, to be compliant with Connecticut General Statute subsection 47-5. The deed will also need to be recorded on the land records in proper order, or the documents executed under that power of attorney will not be enforceable. Finally, an authorized individual under a power of attorney signing documents on behalf of the buyer or seller must sign in a specific way. An experienced Connecticut real estate attorney can make sure a power of attorney is drafted, signed and recorded properly and direct the authorized agent on how they must sign documents.

At Glouzgal Law PLLC we draft Connecticut compliant power of attorney authorizations for our real estate clients, and will even act as power of attorney, at no extra cost if they are hiring us as closing agents to buy or sell property. We can also draft power of attorney authorizations for all other clients for a fee. If you need our assistance please call us at 203-906-9622.

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Title Search and Title Insurance in a Purchase or Refinance of Residential Real Estate

Lender Requirements and Buyer Protections

When you are buying residential real estate, you are paying money in exchange for title to the property. It is in the interests of the buyer, and the lending institution giving the buyer a mortgage, to make sure that title is clear and “marketable”. The buyer wants to make sure they are actually being buying the property rights as promised by the seller. The lender wants to make sure that the collateral on the mortgage is as promised; the property has marketable title and is clear of other encumbrances, such as mortgages or liens. So, how do the buyer and lender make sure that title is clear and marketable?

Title Search

The buyer will need to hire a real estate attorney to perform and/or review a title search. A title search reviews the history of the property by looking at the land records. The title search will provide the legal description of the property, showing exactly what the buyer is buying.

For purchases, all conveyances, mortgages, liens and releases are reviewed going back 40 years (called the “chain of title”). By reviewing the title search, the real estate attorney for the buyer will be able to tell if the seller owns the property, how the seller or sellers hold title, do they have the right to sell it, are there any liens or mortgages on the property that must be paid off to make title marketable, and if there are any relevant powers of attorney relating to the property.

The Buyer may also choose to do a municipal search, which reviews all zoning and building permit for compliance with local laws.

For a refinance, only a current owner search is necessary. Through a current owner title search, the real estate attorney performing the refinance closing will be able to see if the borrower is truly the owner, and what mortgages and liens must be paid off to give the new lender first priority.

Title Insurance

Lenders are not willing to rely on title searches and attorney opinion when it comes to making sure they have actual collateral when making mortgage loans. Therefore, Title Insurance was invented to cover losses in the case that a title defect is discovered after the closing on the property. Title insurance is available to protect both the Lender and the Buyer from title defects that could result in loss of property value, or even loss of ownership of the property. In Connecticut, real estate attorneys act as title insurance agents and will prepare and secure the policy on the Buyer’s behalf.

For a purchase, the Lender will demand that the Buyer purchase title insurance to cover the Lender. The Buyer will also have the option to purchase additional coverage that will protect their interest in the property.

For a refinance, the Lender will similarly demand title insurance to cover their interest, but no Buyer policy is necessary. The homeowner will still be covered by the title insurance from their purchase. It should be noted that even if the refinance mortgage lender is the same as the purchase mortgage lender, a new title insurance policy will need to be purchased.

What does title insurance cover?

1. Insures against anyone else making a claim that he or she is the owner of all or part of the property;
2. Insures against liens or other encumbrances that were missed by the title search or misindexed by the town clerk;
3. Can offer protection of ownership even where defects in title marketability exist (such as old unreleased mortgages);
4. Insures a legal right of access (though this may be just by foot);
5. Insures against violations of government regulations, but only those violations listed on the land records;
6. Insures against the exercise of eminent domain in certain situations;
7. Insures against fraudulent conveyances in the chain of title;
8. Any defect in title that arises from the date of the policy (the closing date) and the date the deed and mortgage are recorded;
9. For the Lender, it insures the enforceability of their lien created upon the title of the property by the mortgage;
10. For the Lender, it insures the priority of their insured mortgage lien against other liens or encumbrances;
11. For the Lender, it insures the priority of their mortgage lien against liens for services, labor or materials for work done on the property (in conjunction with an Owners Affidavit signed by the Seller);
12. For the Lender, it insures the assignment and assignability of any mortgages that are assigned to and assumed by the Buyer;
13. Pays attorneys fees and costs of defending title and the insured mortgages.

There is also available an expanded title insurance policy; which is a good idea for Buyers and may be necessary for the Lender in certain situations. In addition to the protections of a standard title insurance policy, the expanded title insurance policy also covers:

1. Correcting or removing existing violations of restrictive covenants;
2. The inability to obtain building permits due to existing violation of subdivision regulations;
3. Removal of existing structures that were built without proper building permits;
4. Removal of existing structures due to non-compliance with zoning laws;
5. If the property cannot be used as a single family home due to zoning regulations;
6. Removal of an existing structure that is then found to encroach upon the land of a neighbor;
7. If a neighbor builds a structure that encroaches upon the property of the insured;
8. For one to four family homes that have a valid certificate of occupancy and no recent boundary line changes, offers survey coverage even without a survey.

What does title insurance not cover?

1. Government regulations for which a violation was not recorded on the land records;
2. Rights of eminent domain where a notice of exercise was not recorded on the land records;
3. Defects, liens or encumbrances that:
   1. were created or agreed to by the insured;
   2. known by the insured but not disclosed to the title insurance company;
   3. that do not result in any loss to the insured;
   4. were created or attached after the date of the policy;
   5. resulting from the Buyer’s lack of “bona fide purchaser” status.
4. For the Lender, enforceability issues created by the Lender’s inability to meet Connecticut business practices requirements;
5. For the Lender, enforceability issues created by the Lender’s lack of compliance with consumer protection or truth in lending laws;
6. Any liens for services, labor or materials for work performed after the date of policy and not paid for by mortgage proceeds;
7. Any claim arising from bankruptcy or other creditors’ rights laws.

How much does title insurance cost?

The cost of title insurance is set by statute and controlled by the legislature. With that said, title insurance premium are set increase beginning January 1, 2016 for the first time in decades.

With that said, we will look at the pricing structure at the time of the writing  of this article, even though we are only weeks away from the increase.

Let’s use the example of a house that will cost $200,000 (the amount of Owner coverage) and where the mortgage will be for $170,000 (the amount of Lender coverage). A standard lender title insurance policy will cost $607.00. If the Buyer decides to purchase a standard owner policy in addition to the standard lender policy, the total for both is $750.00. Expanded coverage for both Buyer and Lender would cost $825.00 for both policies. This is money well spent for the Buyer, as the title policy remains in effect until the property is sold.

In a refinance, there is no need for an owner policy as the owner is not conveying the property and will be covered by the title insurance policy from their purchase. The Lender policy will need to be purchased to cover the new mortgage, even if the refinance lender is the same as the purchase lender. The good news is that policy is discounted so that a $170,000 lender policy for a refinance would only cost $400.00.

At any time you can get a title insurance quote from the Connecticut Attorneys Title Insurance Company on CATICulator.com.

The Bottom Line on Title Insurance

The title search and title insurance are sometimes unanticipated and unwelcome expenses when the Buyer is presented with their closing costs. However, the Lender policies are required by the mortgage companies and banks, and the Owner policy is a relatively cheap addition that provides a lot of protection. Expanded policies offer buyers the peace of mind that they will not have to incur costs of compliance with violations that were not discovered before the purchase, and even some issues that arise after the purchase. If the Lender MANDATES title insurance to cover its investment, shouldn’t the Buyer similarly protect themselves?

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While the new Closing Disclosure rules set out by the Consumer Financial Protection Bureau (“CFPB”) have been delayed until October 1st, the question of whether the new closing procedures will delay their closing is still an issue for many new home buyers. The answer to the this question will heavily depend on whether the new 3 day review period is triggered by changes in the home buyer’s loan package.

Under the new real estate Closing Disclosures for residential properties, a Federally mandated 3 day review is necessary for “material changes” in the loan underlying that purchase. The CFPB claims that Only THREE changes require a new 3-day review:

1. The APR (annual percentage rate) increases by more than 1/8 of a percent for fixed-rate loans or 1/4 of a percent for adjustable loans;
2. A prepayment penalty is added, making it expensive to refinance or sell; or
3. The basic loan product changes, such as a switch from fixed rate to adjustable interest rate or to a loan with interest-only payments.

The logic behind requiring a mandatory review for such material changes seems obvious. These changes will have an effect on the monthly payments and other important considerations when taking on the burden of a home loan as the borrower. The Borrower, or home buyer, will therefore need counsel from their attorney as to the consequences of these material changes in their loan structure.

Other changes, while effecting the Closing Disclosure, will have to be shown on the Closing Disclosure Form, but are not considered of a sufficiently material nature by the CFPB to necessitate a 3 day review. These include, but are not limited to:

• Unexpected discoveries on a walk-through such as a broken refrigerator or a missing stove, even if they require seller credits to the buyer.
• Most changes to payments made at closing, including the amount of the real estate commission, taxes and utilities proration, and the amount paid into escrow.
• Typos found at the closing table.

Home buyers serviced by competent loan officer and mortgage underwriters, and represented by experienced real estate attorneys, can rest assured that their closing will run as smooth as possible under the current Federal guidelines.

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