Importance of Using a Real Estate Lawyer | English Law Group

Louisville and Southern Indiana Real Estate Law Attorneys

SIXTY Years of Experience in Kentucky Home Sales and Purchase

Many title companies in Kentucky and Indiana are not owned and operated by attorneys.  Some title companies even have notaries conduct the closing.  Home buyers and sellers might believe a lawyer is not necessary to sell or purchase a home. Many transactions are indeed completed without a hitch. However, flaws in the transfer of deed, missing heirs, forgeries, - or undiscovered liens against the property can derail the deal or lead to future hassles. 

If you are purchasing or selling a home in Kentucky, the experienced attorneys of The English Law Group, P.S.C. can draft or review the terms of purchase, and investigate any potential obstacles or liability concerns.   

From our Louisville office, we serve client in Jefferson County and surrounding counties of Kentucky. We also service the New Albany area, including Clark and Floyd counties. We represent buyers and sellers, with considerable knowledge in transactions with Realtors or For Sale by Owner transactions.

Why You Need a Real Estate Lawyer

Title insurance does not fully protect you against all legal disputes. And only licensed attorneys are qualified to address legal issues that arise. The English Law Group, P.S.C. offers sixty years of experience in real estate law. We have handled most every type of legal conflict that might arise:

Title Defects

The title describes the history of the ownership of the property, dating back decades or even a hundred years. A thorough title search may uncover unknown (or undisclosed) claims against the property by other parties, such as tax liens or claims by heirs of previous owners. It will also reveal any title defects such as missing records at the courthouse. Our job in title examination is to point out any discrepancies to the client, or give a legal opinion of clear title so the transaction can proceed.

Transfer of Deed

The deed is essentially a conveyance of realty. It is a written instrument signed by the seller and buyer whereby apparent title to real estate is transferred from one to another. We examine the prior deed to ensure that it is legally available for conveyance.

  • For instance, Kentucky law recognizes "dower and curtsy," rights of ex-spouses and surviving spouses. When a deed is transferred in Kentucky, the property cannot be conveyed without a signature of both spouses (i.e., all owners). Thus, a spouse retains a legal interest in the property even if his/her name does not appear on the deed.
  • A trustee of an estate or other person may have signed over the deed without having the legal power to do so. We ensure that the deed is valid, or take steps to correct any errors.

Property Defects

The buyer, the seller, or both often retain private inspectors to conduct a home inspection prior to signing the purchase agreement. We can connect you with a home inspector, and advise the buyer and seller on how to proceed after the inspection. Our firm can draft or amend the purchase agreement to clarify who is responsible for potentially costly repairs.

Escrow and Closing Services

The English Law Group, P.S.C. through its sister company, Cherokee Title Co., Inc., acts as the escrow agent in real estate transactions. We can hold down payments or "earnest money" until closing to protect the financial interests of the parties and guard against fraud.

For no additional fee, our real estate attorneys personally attend your closing to address any last-minute legal concerns that might arise regarding contract review, clear title, financing, disclosures, or loan documentation. Something as simple as a missing signature can void or delay a transaction.

Yes, You Should Have an Attorney

In Kentucky, buyers generally obtain title insurance or a lawyer's opinion of clear title to complete a real estate transaction. Hiring an attorney at no additional cost offers comprehensive protection against potential problems, and assures a smooth transaction. Legal advice is especially important in For Sale by Owner transactions. Contact The English Law Group, P.S.C. for your initial consultation.