When representing a client in a property transference, an Advogada - Advogado has several key legal duties and responsibilities to ensure the transaction is conducted smoothly, legally, and in the best interest of the client during the transaction process.

 

These duties and responsibilities include:

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PRE-TRANSACTION PROCESS DUTIES

​INITIAL CONSULTATION & ADVICE

. Explain the process of the property transaction to the client.

. Advise on the legal implications of the transaction.

. Discuss the client's goals and objectives.

 

CONDUCT DUE DILIGENCE

. Perform a thorough title search to verify the legal ownership of the property.

. Check for any encumbrances, liens, or restrictions on the property.

. Review zoning laws, property boundaries, and easements.

 

DRAFTING & REVIEWING DOCUMENTS

. Prepare or review the sale agreement and other related contracts.

. Ensure all terms and conditions are clearly stated and protect the client’s interests.

. Review property disclosure statements and other documents provided by the seller.

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ACTIVE TRANSACTION PROCESS DUTIES

​NEGOTIATION

. Negotiate terms and conditions with the other party’s lawyer.

. Address any issues that arise during the negotiation process.

 

TITLE EXAMINATION

. Confirm that the title is clear and marketable.

. Ensure that the title insurance is in place.

 

ESCROW AND TRUST ACCOUNT MANAGEMENT

. Handle funds through an escrow account to ensure safe and proper transfer of money.

. Manage the trust account as per legal and ethical standards.

 

COORDINATION WITH OTHER PARTIES

. Work with real estate agents, lenders, inspectors, and other parties involved in the transaction.

. Schedule and attend inspections, appraisals, and other necessary appointments.

 

CLOSING TRANSACTION PROCESS DUTIES​

PREPERATION FOR CLOSING

. Prepare all necessary closing documents, including the deed, mortgage, and settlement statement.

. Ensure all conditions of the sale agreement have been met.

 

ATTENDANCE AT CLOSING

. Represent the client at the closing to ensure all documents are correctly executed.

. Verify that funds are appropriately disbursed.

 

FINALIZING THE TRANSACTION

. Record the deed and other relevant documents with the appropriate government office.

. Provide the client with copies of all final documents.

 

POST-TRANSACTION DUTIES

. Post-Closing Review

. Address any post-closing issues that may arise, such as errors in the documents or disputes.

. Assist with any follow-up actions required by the client.

 

ONGOING LEGAL ADVICE

   Provide continued legal support and advice related to the property, if necessary.

 

ETHICAL & PROFESSIONAL RESPONSIBILITIES

​CONFIDENTIALITY

   Maintain client confidentiality and protect their information.

 

CONFLICT OF INTEREST

   Avoid conflicts of interest and disclose any potential conflicts to the client.

 

COMPETENCE & DILIGENCE

   Provide competent and diligent representation throughout the transaction.

 

FIDUCIARY DUTY

   Act in the best interest of the client, prioritizing their needs and objectives.

 

   By fulfilling these duties and responsibilities, a lawyer ensures the property transaction is legally sound, protects the client’s interests, and is completed efficiently.

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