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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Inheriting Property? Here’s How to Clear Title After Probate

If you’ve inherited real estate through probate, don’t assume you have a clean title just because the estate is closed. Title issues after probate are surprisingly common — and they can delay or prevent sales, refinances, or transfers. Here’s how heirs in Connecticut and New York can clear title and protect inherited property.

1. Why Probate Doesn’t Always Guarantee Clear Title

Even after a will is probated and an executor deed is recorded, title can still be “clouded” due to:

• Missing or disputed heirs
• Defective or unrecorded deeds
• Outstanding liens, taxes, or mortgages
• Claims from creditors or other third parties

Without resolving these issues, title companies may refuse to insure the property — making it difficult to sell or refinance.

2. Common Probate Title Disputes

Some examples include:

• The deceased owned property jointly with another party, and the estate’s share is unclear
• Heirs disagree over ownership or sale
• A long-lost heir or creditor surfaces with a claim
• The executor deed was improperly executed or recorded

3. How to Clear Title on Inherited Property

Depending on the issue, your attorney may recommend:

• Filing corrected or supplemental documents with the county clerk
• Negotiating lien releases or title insurance endorsements
• in extreme cases, a Quiet Title Action to resolve disputes or defects

Why You Need a Probate & Real Estate Attorney

These title issues fall in the gray area between estate law and real estate law. Our firm regularly works with families and title companies to resolve complicated inheritance-related title issues—fast and legally sound.

Don’t wait until closing day to find out there’s a title defect on inherited property. If you’ve gone through probate and still have questions about your title, Glouzgal Law is here to help.

Call us today to ensure your inherited home is fully yours—and fully transferable – 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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One of the benefits that may come out of the entire COVID Pandemic mess is the increase in local real estate prices across New York and Connecticut. Not only are homes worth more and have become easier to sell to those looking to get out of cities and into the suburbs, but there might also be hidden benefit to those home owners who have Private Mortgage Insurance still active on their loans.

What is Private Mortgage Insurance?

When banks lend money, everything is based on risk. A conventional mortgage requires 20% down, and then you don’t need PMI. If you want to buy a home with less than 20% down, such as an FHA loan, you will be required to get Private Mortgage Insurance to insure the extra risk that comes with a lower down payment and less equity.

How do you get rid of PMI?

There are two ways to terminate PMI early.

The first is to refinance to a conventional loan where you have 20% down, but this requires more equity/down payment and will cost you the full array of closing costs, as you are getting an entirely new loan. You will also have to go through the entire mortgage process again….

The other way is to keep your current loan and hit 20% equity. When you closed, the lender should have provided you with a document telling you that your PMI will automatically terminate at 22% equity and that you can call and request termination at 20% equity. There are two ways to hit the 20% equity sooner:

1. Make additional payments (residential loans o longer have pre-payment penalties); or
2. REAPPRAISE YOUR HOME.

This is where the COVID rush jacking up local real estate prices could help.

BORROWERS/HOME OWNERS WHO HAVE PMI CAN HAVE THEIR HOME REAPPRAISED. APPRAISALS ARE BASED ON COMPS (COMPARATIVE PRICES OF SIMILAR HOMES THAT SOLD IN THE AREA WITHIN THE LAST 3 MONTHS). IF YOUR HOME APPRAISES HIGH ENOUGH FOR YOU TO HAVE 20% EQUITY, YOU CAN GET RID OF PMI.

PMI fees on loans we have seen range from $60 a month to over $300 a month. The cost of an appraisal ranges from $400 to $900 depending on the specifics of the home and who your lender hires. An investment of a few hundred dollars for an appraisal could save borrowers a few hundred dollars PER MONTH on their mortgage payment.

To order a reappraisal you simple need to reach out to your lender and tell them it’s what you want to do!

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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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CHFA Mortgage Assistance for Connecticut Home Buyers

The Connecticut Housing Finance Authority, or CHFA, provides mortgage assistance programs to homebuyers in Connecticut. To receive CHFA mortgage assistance, you must be a first-time homebuyer or buying a home in a revitalization zone and qualify for CHFA assistance based on income. CHFA offers both low interest rate loans as well as down payment assistance.

CHFA mortgages can be used to purchase single family homes, condos, multi-family homes, and even some mobile homes.

The current CHFA interest rate is 3.5% for government insured mortgage loans and 3.75% for non-insured mortgage loans.

CHFA First-Time Homebuyer Mortgages

Under the CHFA, first-time homebuyers and those who have not owned a home in over three years qualify for the First-Time Homeowner program. The Buyer, or borrower, must also mee

There are also income limits as well as property value limits for CHFA mortgages. The Buyer, or borrower, must make less than a certain amount, which is $87,800 for a home of 1 to 2 people, and $100,970 for a home of three or more people. There are also some income limit differences depending on the town you are looking to purchase in. The property value limits also vary by town. The income and property value limits for specific towns are listed here: CHFA Income & Value Limits by Town.

CHFA Down Payment Assistance

As a separate service from its low interest mortgage loans for low-income households, CHFA also offers downpayment and closing cost assistance. Down Payment Assistance is offered to borrowers who can afford to pay both loans but lack the savings to make the downpayment (less than $10,000.00 total household savings).

The minimum for Down Payment Assistance loan amount is $3,000, with the maximum being the minimum downpayment amount for the actual CHFA mortgage. In most cases, the Down Payment Assistance interest rate will match the CHFA mortgage interest rate, but it can vary and could be up to 6%.

CHFA Revitalization Zones

CHFA also offers mortgage assistance for homebuyers looking to purchase homes in certain areas marked for revitalization. These are areas where the Federal Government has determined would benefit from and increase in home ownership.

In the CHFA Revitalization Zones, the first-time homebuyer requirement is suspended, 1/4% reduction in CHFA published interest rate, income limits do not apply unless also seeking downpayment assistance, and mortgage insurance may be suspended.

In Connecticut, these revitalization areas include Ansonia, Bridgeport, Danbury, Derby, East Hartford, Groton, Hartford, Manchester, Mansfield, Meriden, Middletown, New Britain, New Haven, New London, Norwalk, Norwich, Stamford, Torrington, Windham and Waterbury.

The Lender you choose can give you more information about the details, costs, benefits and downsides of a CHFA mortgage. Click for a List of Participating CHFA Lenders

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FHFA Announces Increase in Maximum Loan Amounts for Conforming “FHA” Mortgages

There is some good news for those people looking to buy a home in 2017. The Federal Housing Finance Agency, or FHFA, has announced that for the first time since 2006, they will be raising the maximum conforming loan limits for FHA mortgages.

FHA mortgages, for those that may not be aware, are those that are insured by the Federal government. FHA mortgage loans are popular because they allow prospective home buyers to put as little as 3.5% down to buy.

How is the FHA Maximum Mortgage Loan Limit Calculated?

The baseline loan limit for FHA mortgages was set back in 2008 through the Housing and Economic Recovery Act (HERA). HERA sets the baseline FHA mortgage loan limit at $417,000 with a yearly review and adjustment based on the average home price nationally. However, we all know that home prices vary greatly across the country. Therefore, the FHA raises mortgage loan limits in high-cost areas; where the median (or mid point) of home values is greater than 115% of the baseline loan amount. The maximum increase in high-cost areas is to 150% of the baseline.

What are the 2017 FHA Mortgage Loan Limits?

The FHFA Housing Price Index for the third quarter of 2016 increased for the first time since the third quarter of 2007, on which the HERA baseline was calculated. The increase in the Housing Price Index between the two periods was about 1.7%. Therefore, the baseline FHA loan amount for conforming mortgages is being increased from $417,000 to $424,100. The maximum FHA mortgage loan amount is further increased to up to $636,150 for high-cost areas.

Fairfield County, Connecticut is considered to be a high-cost area under the FHA guidelines. The Maximum FHA mortgage loan amount for Fairfield County is $601,450. This is just $34,700 less than the FHA absolutely maximum allowable mortgage loan amount for the highest cost areas in the country.

Why Buy With An FHA Loan?

A stated above, FHA mortgage loans are popular because they allow the Buyer to put less than 20% down, often as low as 3.5%. Additional benefits are refinancing without appraisals and FHA mortgages being assumable by future Buyers.

However, FHA loans require mortgage insurance premiums (MIP) for any loans with less than 20% down. There is both an “up front” fee that is paid at closing as well as monthly payments. MIP is an additional expense that home buyers should consider when deciding between FHA and other loan types.

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What is a real estate conveyance tax?

A real estate conveyance tax is a tax paid by the “Transferor” in a real estate transaction, typically this is a Seller. However, there are some clever Sellers that put the burden of paying the conveyance tax on the Buyer in the real estate purchase and sale contract. The conveyance tax is paid BOTH to the State of Connecticut as well as to the municipality in which the property is located. The real estate conveyance tax MUST be paid to the Town Clerk (note: not the tax collector) at the time that the Deed transferring title is recorded on the land records. You must also present a completed  and signed OP-236 – Connecticut Real Estate Conveyance Tax Return. A fillable online version is available here.

How much is the real estate conveyance tax in Connecticut?

The amount of the conveyance tax is dependent on the value of the real estate property being conveyed. In Connecticut, the real estate conveyance tax is .0075 of every dollar to the State (thts 3/4 of 1%) and .0050 of every dollar to the local municipality (that’s 1/2 of 1%).

If a home sells for $200,000.00, the Seller will have to pay $1,500.00 to the State of Connecticut, and $1,000.00 to the Town.

Are there any exceptions to the Connecticut Real Estate Conveyance Tax?

There are 22 exceptions that are noted on the back of the instructions to the return. The most commonly used are conveyances between spouses, conveyance due to foreclosure, and conveyance for little or no consideration.

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How is a Binder/Offer to Purchase Different from a Contract?

What is a Binder or Offer to Purchase? 

A real estate binder is an agreement that is commonly drafted by real estate agents. It is a document that contains all the terms of a proposed real estate transaction and usually contains the names of both parties, who their real estate agents are, who their attorneys are, the address of the subject real estate property and of the course the purchase price.

What is the Purpose of a Real Estate Binder?

A binder serves two main functions: to outline the basic terms of the agreement and to commemorate the intent of both buyer and seller to enter into the deal.

However, is the real estate binder a binding contract? After all, it is in writing and signed by both parties, it identifies the property and the sales price. Sometimes there is even an earnest money deposit that is made. Isn’t that enough to bind the two parties, as the name binder implies?

Whether the binder is a binding contract depends on the customs of your area and the language of the binder. Even within Connecticut, there are very different customs between say Fairfield County and the Hartford Area. In Fairfield County it is custom for attorneys to draft the final contracts. Therefore, it is common to find binders with language that calls for a further “superseding contract between the parties to incorporate the details stated herein”. In northern parts of Connecticut, some real estate agents specifically draft binders that are meant to binding real estate purchase and sale contracts, with language that allows for an attorney review period that is often 7 or 14 days from date of signing.

The three factors to look for when deciding when a binder is meant to be the contract are (1) does the language indicate intent to be bound without further contracting, (2) due the circumstances of the transaction indicate an intent to be bound, and (3) was the purpose of signing the binder to bind the parties to a final deal?

What Are the Real Estate Binder/Offer & Contract Customs in Fairfield County, Connecticut?

With the Fairfield County custom being that the attorneys draft the real estate purchase and sale agreement, how does this process with binders play out? It all starts with the real estate agents.

The real estate agents in Fairfield County know the custom and therefore, they use binders that call for a superseding contract. Many realtors do not use a binder, per se, but chose instead to use an “Information Sheet”, which has all the same contents as a binder, but does not have the signatures of the buyer or seller.

The binder or information sheet need to find their way to the Seller’s attorney. The Seller’s attorney then drafts a proposed contract using those terms and sends two unsigned copies to the Buyer’s Attorney. The Buyer’s Attorney reviews the contract, negotiates any changes that may be necessary, and has his client sign both originals, as well as provide a check for any deposit amounts due at contract signing. Both originals and the deposit funds are sent back to the Seller’s Attorney, who has the Seller sign both originals, and returns one original to Buyer’s Attorney and keeping one original for their file.

Get A Real Estate Attorney ASAP

Please understand that the sooner you get a real estate attorney involved in your transaction the better. You should have somebody to call and ask questions about the documents you are expected to sign BEFORE you sign them. After you sign, all we can do as your real estate attorney is explain what it says and means.

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