At Spital and Associates, we will represent you in residential and commercial real estate transactions, including purchase and sale, disputes involving disclosures, the condition and price of the property in question, conflicts between agents and parties to a contract, property nuisances, land development, construction defects, mortgages and foreclosures, leases, land use & zoning, view and CC&R restrictions, partition and quiet title actions, tax deferred exchanges, and management.
We are SAN DIEGO REAL ESTATE ATTORNEYS who handle real estate and property transactions throughout California, particularly in San Diego County.
As your San Diego Real Estate Lawyer, we serve individual property owners and entrepreneurs, major corporations, local and regional businesses, buyers, sellers, joint venture partners, landlords, tenants, property managers and real estate brokers. Our real estate practice provides both transactional and litigation-related services. At SAMUEL SPITAL AND ASSOCIATES, we have earned a reputation for excellence and are highly regarded for delivering the personal service and attention that clients look for in a law firm. Our attorneys focus on strategies to help clients avoid unnecessary and protracted court action whenever possible. Mediation, conciliation and arbitration offer less formal and less expensive alternatives to trial.
Abstract Of Title: A summary of the public records relating to the title to a particular piece of property. It is important to review the abstract of title to determine whether there are any title defects which must be cleared before a buyer can purchase clear, marketable, and insurable title.
Acceleration Clause: A condition in a mortgage that may require the balance of the loan to become due immediately, if regular mortgage payments are not timely made or for breach of other conditions of the mortgage.
Agreement of Sale: This is the contract of purchase or purchase and sales agreement in which a seller agrees to sell and a buyer agrees to buy real estate, under certain specific terms and conditions spelled out in writing and signed by both parties.
Amortization: A payment plan which enables the borrower to reduce his debt gradually through monthly payments of the principal amount of the loan.
Appraisal: The estimate of value of real property made by an impartial expert, typically including references to sales of comparable properties to estimate the value of the real estate in question. In a legal dispute, a forensic appraiser is used to establish the value of property since this individual has experience in such cases. A lender will require an appraisal before giving a loan, but that process is not a substitute for a property inspection.
Assessments: These are costs charged for public improvements that benefit a particular piece of property. Pending assessments must be addressed and disclosed in the purchase agreement and at the close of escrow.
Assumption of Mortgage: An obligation undertaken by the purchaser of property to be personally liable for the payment of an existing mortgage. In an assumption, the purchaser is substituted for the original mortgagor (seller) in the mortgage instrument and the original mortgagor is to be released from further liability in the assumption, the mortgagee's consent is usually required. The original mortgagor (seller) should always obtain a written release from further liability if (s)he desires to be fully released under the assumption. It is noteworthy, the failure to obtain such a release renders the original mortgagor liable if the person assuming the mortgage fails to make the monthly payments.
An "Assumption of Mortgage" is often confused with "purchasing subject to a mortgage." When one purchases "subject to" a mortgage, the purchaser agrees to make the monthly mortgage payments on an existing mortgage, but the original mortgagor remains personally liable if the purchaser fails to make the monthly payments. Since the original mortgagor remains liable in the event of a default, the mortgagee's consent is not required to a sale subject to a mortgage. Both "Assumption of Mortgage" and "Purchasing Subject to a Mortgage" are used to finance the sale of property. They may also be used when a mortgagor is in financial difficulty and desires to sell the property to avoid foreclosure.
Building Line or Setback: These are the distances from the ends and/or sides of the lot beyond which construction may not extend. The building line may be established by the developer when a survey is first made, by restrictive covenants in deeds or leases, by building codes, or by zoning ordinances.
Certificate of Title: A certificate issued by a title company that the seller has good, marketable and insurable title to the property which is being offered for sale. A certificate of title offers no protection against any hidden (latent) defects in the title that an examination of the records could not reveal. The protection offered a homeowner under a certificate of title is not as great as that offered in a title insurance policy.
Close of Escrow: The close of escrow is also known as the settlement, at which time the transfer of the sold property is finalized. At closing, the buyer signs the mortgage documents and pays all of the closing costs, and the seller signs the deed. Both parties sign the closing statement, which is an accounting of funds credited to the buyer and seller.
Closing Costs: The numerous expenses which buyers and sellers normally incur to complete a transaction in the transfer of ownership of property. These costs are in addition to the price of the real estate and are items prepaid at the closing day. This is a typical list of buyer's and seller's expenses: Documentary Stamps on Notes Cost of Abstract; Recording Deed and Mortgage; Documentary Stamps on Deed; Escrow Fees; Real Estate Commission; Attorney's Fee; Title Insurance; Survey Charge; and Appraisal and Inspection Fees. The agreement of sale negotiated previously between the buyer and the seller may state in writing who will pay each of the above costs.
Closing Day: The day on which the formalities of a real estate sale are concluded. The title is assured by a policy of title insurance, and there is a deed filed with the County Recorder. The buyer signs the mortgage, and closing costs are paid. The final closing confirms the original agreement reached in the agreement of sale.
Cloud On Title: An outstanding claim or encumbrance which adversely affects the marketability of title.
Commission: This is the money or consideration paid to a real estate agent or broker by the seller as compensation for finding a buyer and completing the sale. Usually it is a percentage of the sale price, between 5% to 6% on residential property.
Condemnation: The taking of private property for public use by a government unit, under the government's power of eminent domain. It is usually against the will of the owner. The law requires the payment of just compensation. Condemnation may also be a determination by a governmental agency that a particular building is unsafe or unfit for use.
Condominium: The owner of a condominium unit owns the unit and has the right, along with other unit owners, to use the common areas, which are owned by the homeowner's association. The condominium association is in charge of maintaining the common areas, the buildings, clubhouse, and common property, paying taxes and insurance, and maintains the reserves for improvements.
Deed: A formal written instrument by which title to real property is transferred from one owner to another. The deed should contain an accurate description of the property being conveyed, should be signed and witnessed, and should be delivered to the purchaser at the close of escrow. There are two parties to a deed: the grantor and the grantee (see also deed of trust, grant deed and quitclaim deed).
Deed of Trust: Like a mortgage, a security instrument whereby real property is given as security for a debt. However, in a "deed of trust" there are three parties to the instrument: the borrower, the trustee, and the lender, (or beneficiary). In such a transaction, the borrower transfers the legal title for the property to the trustee who holds the property in trust as security for the payment of the debt to the lender or beneficiary. If the borrower pays defaults in the payment of the debt, the trustee may sell the property at a public sale, under the terms of the deed of trust. In California, the borrower is subject to having his property sold without benefit of legal proceedings, which is called a non-judicial foreclosure.
Default: Failure to make mortgage payments as agreed on the terms and at the designated time set forth in the mortgage or deed of trust will result in a default. It is the mortgagor's (homeowner's)responsibility to remember the due date and send the payment prior to the due date, not after. Generally, thirty (30) days after the due date if payment is not received, the mortgage is in default. In the event of default, the mortgage may give the lender the right to accelerate payments, take possession and receive rents, and start foreclosure (they will issue a "Notice of Default"). Defaults may also come about by the failure to observe other conditions in the mortgage or deed of trust.
Easement Rights: A right-of-way granted to a person or company authorizing access to or over the owner's land. An example is an electric company obtaining a right-of-way across private property. Another example is a driveway used by an adjacent homeowner that otherwise would not have access to his/her property.
Encroachment: An obstruction (such as a fence), building or part of a building that intrudes beyond a legal boundary onto neighboring private or public land, or a building extending beyond the building line.
Encumbrance: A legal right or interest in land that affects a good or clear title, and diminishes the land's value. It can take numerous forms, such as zoning ordinances, easement rights, claims, mortgages, liens, charges, a pending legal action, unpaid taxes, or restrictive covenants. An encumbrance does not legally prevent transfer of the property to another. A title search will usually reveal the existence of such encumbrances, and it is up to the buyer to determine whether (s)he wants to purchase with the encumbrance, or what can be done to remove it.
Equity: The value of a homeowner's interest in real estate over and above the amount that is owed to a lender or any encumbrances (such as a lien). In short, equity is computed by subtracting from the property's fair market value the total of the unpaid mortgage balance and any outstanding liens or other debts against the property. A homeowner's equity increases as (s)he pays off the mortgage or as the property appreciates in value. When the mortgage and all other debts against the property are paid in full the homeowner has 100% equity in his property.
Escrow: Funds paid by one party (the buyer or buyer's lender) to another (the escrow agent) to hold until the occurrence of a specified event (filing of papers with the County Recorder), after which the funds are released to a designated individual (usually the seller).
Foreclosure: A legal term applied to any of the various methods of enforcing payment of the debt secured by a mortgage, or deed of trust, by taking and selling the mortgaged property, and depriving themortgagor of possession. Foreclosure proceedings in California typically do not include a court proceeding, and are designated non-judicial proceedings.
Grant Deed: A deed which conveys a "fee simple" interest in the real estate, which is not only all the grantor's interests in and title to the property to the grantee, but also warrants that if the title is defective or has a "cloud" on it (such as mortgage claims, tax liens, title claims, judgments, or mechanic's liens against it) the grantee may hold the grantor liable. Typically, title insurance is purchased to protect against such consequences.
Grantee: The person in the deed who is the buyer or recipient.
Grantor: The person in the deed who is the seller or giver.
Lien: A claim by a person or entity on the property of another as security for money owed. Such claims may include obligations not met or satisfied, judgments, unpaid taxes, materials, and/or labor.
Mortgage: A lien or claim against real property given by the buyer to the lender as security for money borrowed. Under government-insured or loan-guarantee provisions, the payments may include escrow amounts covering taxes, hazard insurance and special assessments. Mortgages generally run from 5 to 40 years, during which the loan is to be paid off.
Mortgage Insurance Premium: The payment made by a borrower to the lender to provide a reserve fund to protect lenders against loss in insured mortgage transactions. In FHA insured mortgages this represents an annual rate of one-half of one percent paid by the mortgagor on a monthly basis.
Mortgage Loan: A mortgage loan is a loan that is secured with a lien on real property. Forms of mortgages include fixed rate, adjustable-rate, and balloon mortgages.
Mortgagee: The lender in a mortgage agreement.
Mortgagor: The borrower in a mortgage agreement.
Points: A point is one (1) percent of the amount of the mortgage loan. For example, if a loan is for $250,000, one point is $2500. Points are charged by a lender to raise the profit on the transaction and, therefore, yield on his loan. Buyers are prohibited from paying points on HUD or Veterans' Administration guaranteed loans (however, a seller can pay this fee). On a conventional mortgage, points may be paid by either buyer or seller or split between them.
Prepayment: Payment of mortgage loan, or part of it, before due date. Mortgage agreements often restrict the right of prepayment either by limiting the amount that can be prepaid in any one month, one year or charging a penalty for prepayment. The Federal Housing Administration does not permit such restrictions in FHA insured mortgages.
Principal: The basic amount of the loan as distinguished from interest and mortgage insurance premium. In other words, principal is the amount upon which interest is paid.
Quitclaim Deed: A deed which transfers whatever interest the maker of the deed may have in the particular property. A quitclaim deed is often given when the grantor's interest in a property is questionable. By accepting such a deed the buyer assumes all of the risks. Such a deed makes no warranties as to the title, but simply transfers to the buyer whatever interest the grantor has. Many attorneys disfavor using a quitclaim deed, and a grant deed is preferred (see Grant Deed above).
Real Estate Agent: A licensed individual or entity that represents either the buyer or seller in the purchase or sale of real estate, usually on a commission basis. Attorneys disfavor a "dual" agent or broker who represents both parties in the same transaction because of the inherent conflict of interest. The terms of these agreements are negotiable as to the percentage of commission and the period of time of the listing agreement.
Restrictive Covenants: These are private restrictions or conditions limiting the use of real property. Restrictive covenants are created by deed and may "run with the land," binding all subsequent purchasers of the land, or may be "personal" and binding only between the original seller and buyer. The determination whether a covenant runs with the land or is personal is governed by the language of the covenant, the intent of the parties, and California law (or in the State where the land is situated). Restrictive covenants that run with the land are encumbrances and may affect the value and marketability of title. Restrictive covenants are often entitled CC&R's and may limit the density of buildings, regulate size, style, exterior color of buildings, landscaping, improvements to be erected, window coverings, pets, parking, use of garages, etc.
Title Insurance: This is a policy of insurance that protects lenders and homeowners against loss of their interest in property due to legal defects in title. Insurance benefits will be paid only to the "named insured" in the title policy, so it is important that an owner purchase an "owner's title policy", if (s)he desires the protection of title insurance.
Title Search or Examination: A check of the title records, generally at the County Recorder's Office, to make sure the buyer is purchasing a house from the legal owner and there are no liens, overdue special assessments, or other claims or outstanding restrictive covenants filed in the record, which would adversely affect the marketability or value of the property or title thereof.
Trustee: A party who is given legal responsibility to hold property in the best interest of or "for the benefit of" another. The trustee is one placed in a position of responsibility for another, a responsibility enforceable in a court of law (see deed of trust).
A home is generally the single most valuable financial investment and one of the most important emotional expenditures. To most of us, it is more than wood and stucco; it is the place where we live, rest, and raise our families. Unfortunately, hundreds of thousands of unsuspecting homeowners realize their new homes suffer from some type of construction defect that will cost thousands of dollars to repair, depreciate the value of their home, or force them to leave their home.
Construction defects cover a broad spectrum from minor problems like popped nails, leaky faucets and peeling paint to situations when a house must be rebuilt. Some cases involve leaky pipes and leaky windows that have led to toxic-mold contamination. Other problems include faulty design, code violations, cracked foundations, substandard workmanship, and unsafe structures.
The number of construction-defect cases in California has surged in recent years because homes are being constructed in record numbers to meet the high demand for housing. Many general contractors are inexperienced and others mass produce thousands of houses. The home construction industry is intensely competitive. Many builders respond to the competition with low bids for contracts, then cut corners, and frequently employ unskilled or overworked subcontractors and poorly supervise subcontracted work. Additionally, government inspection departments do not have the funding to adequately inspect homes and often approve below-par construction simply because it meets the minimal standards of the building code. The combination of these factors results in some homes that are built with serious defects.
Types of Construction Defects
Construction defects usually include any deficiency in the design, planning, supervision, inspection, and/or construction of any new home or building, where there is a failure to construct the building in a reasonably workmanlike manner and/or the structure fails to perform in the manner that is reasonably intended by the buyer. Some of the most common and high-cost construction defects include: structural integrity - concrete, masonry & division, carpentry, unstable foundations; expansive soils; mechanical; electrical; water intrusion (often resulting in toxic mold); thermal and moisture protection; doors, windows and glass; and finishes. Generally, courts categorize construction defects in one of four categories: design deficiencies, material deficiencies, construction deficiencies, or subsurface deficiencies.
1. Design Deficiencies: Design professionals, such as architects and engineers, who design buildings and systems do not always work as specified, which can result in a defect. Typical design deficiencies relate to building outside of the specified code. Roofs are an example of a typical design defect that result in water penetration, intrusion, poor drainage, or inadequate structural support.
2. Material Deficiencies: The use of inferior building materials can cause significant problems, such as windows that leak or fail to perform and function adequately, even when properly installed. Window leaks can result from many things including, rough framing not being flush with outside at openings, improperly flashed windows, improperly applied building paper, window frame racked during storage/moving, lack of sheet metal drip edge above window header, etc. Common manufacturer problems with building materials can include deteriorating flashing, building paper, waterproofing membranes, asphalt roofing shingles, particle board, inferior drywall and other wall products used in wet and/or damp areas, such as bathrooms and laundry rooms.
3. Construction Deficiencies: Poor quality workmanship can result in a long list of defects. A typical example is water infiltration through some portion of the building structure, which may create an environment for the growth of mold. Other problems include cracks in foundations and/or walls, dry rotting of wood, electrical and mechanical problems, plumbing leaks, and/or pest infestation.
4. Subsurface Deficiencies: Expansive soil conditions are typical in California, as well as other parts of the country. Many houses are built on compacted earth, hills or other areas where it is difficult to provide a stable foundation. A lack of a solid foundation may result in cracked foundations and/or floor slabs and other damage to the building. If subsurface conditions are not properly compacted and prepared for adequate drainage, it is likely the property will experience problems such as improperly settling to the ground (subsidence), the structure moving or shifting, flooding and in many cases more severe problems such as landslides.
The Typical Construction Defect Case
It is based on the contract between the homeowner and developer and the contract between the contractor and subcontractors, including suppliers, architects and engineers, involved in building the home. The goal is to require the party who is responsible for the defect to remedy the situation. The complaint against these individuals and entities typically alleges negligence, breach of contract or warranty, strict liability, and in some instances fraud or negligent misrepresentation may be alleged.
1. Negligence: The law imposes the obligation upon the developer, general contractor and subcontractor to exercise the reasonable degree of care, skill and knowledge that is ordinarily employed by such building professionals. The duty of care is extended to all who may "foreseeably be injured by the construction defect," including subsequent purchasers. Developers and general contractors are responsible for the negligence of their subcontractor.
2. Breach of Contract: Homeowners can sue the builder and/or the developer, under theories based upon privity of contract, for breach of any obligation set forth in the purchase and sale documentation, and/or the escrow instructions. Typically, this is something that goes beyond a failure of the builder to build the project in accordance with the plans and specifications. When such claims are made, courts often invoke the doctrine of substantial performance, which typically requires the builder to pay the contract price with a deduction for the reduced market value of the home or condominium unit caused by the failure of the builder to strictly comply with the plans and specifications.
3. Breach of Warranty: Similar to breach of contract theories, the purchase documentation between the developer and/or builder and the homeowner often sets forth warranties regarding the condition of the property. If there is an issue as to breach of an express warranty, the principles of contract apply. California courts have held builders and sellers of new construction to what is "implied," that the completed structure was designed and constructed in a reasonable workmanlike manner. A builder and/or vendor is subject to the theory that a house was built for sale to the public to be used for a specific purpose. Privity of contract is not always required under this particular theory of liability.
In some cases a homebuyer may "waive" this type of warranty and/or a builder may disclaim implied warranties. If disclaimers are involved, they are strictly construed against the seller, builder and/ or developer. Typically, waivers are difficult to enforce.
4. Strict Liability Claims: In California, the implied warranty of habitability imposes strict liability on the general contractor. The theory of "strict liability" against a general contractor evolved from products liability law. In a strict liability case the homeowner does not have to prove the general contractor and/or developer was negligent in the construction of the house. They do have to prove the following: the builder and/or developer was involved in the mass production of housing, a defect in the house exists, damages were proximately caused by the defect, and the defendant caused or created the defect.
5. Fraud and Negligent Misrepresentation: Fraud is alleged on the grounds that the developer and/or builder intentionally misrepresented the quality of construction in false statements, brochures or other forms of advertisements. It must be shown the developer and/or builder did not have the intent to follow the design plans and specifications as promised.
6. Negligent misrepresentation: This theory is based upon proof the builder and/or developer asserted something as factual, but did not have a reasonable basis for believing the information to be true.
California imposes time limits on construction defect claims by statutes of limitations. Under such a statute, the limitation period may expire before the owner's cause of action has arisen. Conversely, a statute of limitation may prevent a suit after a fixed period of time following occurrence or discovery of an injury. These statues are complex and it is critical you seek the advice of an experienced attorney if you believe the damages to your home are the result of a construction defect before you lose your right to seek a remedy from the responsible parties.
In California, the time limits begin to run when the defect is discovered or should have been discovered by a reasonable person. If the defect is obvious (patent), or apparent based on reasonable inspection, the action against a builder and/or developer must begin within the time period specified in the statute of limitations. If the defect is concealed (latent), or not readily apparent by reasonable inspection, any action to recover damages generally must be within ten (10) years after improvements are substantially completed.
In summary, construction defect litigation is complex. It may involve several individuals and entities, include insurance companies for each of these parties, and involve many legal theories. Because there are complex time limits on when a claim may be brought, if you believe your home suffers from a defect caused by the builder or another party, protect your rights. Call Spital and Associates and talk to the managing attorney, Sam Spital, who has experience in this complex area of law.
Lawsuits invoking the law of nuisance typically involve neighbors suing their neighbors (or a public official suing a property owner for the benefit of the general public). The plaintiff, who files the lawsuit, usually seeks to control or limit the use of the land owned by the defendant (the neighbor or person being sued). In bringing the lawsuit the plaintiff is basically saying: "You are interfering with the peace and enjoyment of my property; therefore, you must stop acting in that manner."
There are two basic types of nuisance suits: These are private and public nuisance actions. A "private" nuisance means there has been a loss of the use and/or enjoyment of property without an actual physical invasion of that property. An action for a physical invasion of property is known as a "trespass" action. An example of a private nuisance would be where an individual failed to keep his dog kennel clean, causing the next-door-neighbors to experience unpleasant odors when they left their windows open and also prevented them from spending time in their backyard. Another example is when a neighbor allows his/her trees to grow over and beyond the property line, causing branches and leaves to fall and accumulate on the adjoining neighbor's property.
A "public" nuisance is one that affects the health, safety, welfare, or comfort of the public in general. Examples of a public nuisance would be a factory that emitted bad odors or a racetrack that produced loud noise. Nuisances can often be both public and private. For instance, the lights from a baseball field may shine directly into the home of a neighboring property owner, causing a private nuisance. At the same time, the baseball field might cause excessive noise and brighten up the rest of the neighborhood, requiring the homeowners to keep their windows and drapes shut on summer evenings. This would constitute a public nuisance.
The relief sought: No matter what the type of nuisance, the homeowner desires the court to issue some type of injunctive relief to stop the offending activity. However, the interference with the property must be substantial and continuous. In the above example, an occasional failure to clean out the kennels in a timely manner probably will not be sufficient to require injunctive relief. Relief that is injunctive in nature generally requires the neighbor to take some specific action to minimize the negative effect of its activity and/or operations on the other person, from limiting the hours of the action to placing an all out prohibition on the negative action. In crafting its relief, however, most courts will attempt to balance the relative hardships to both of the parties involved in the action. Especially where the defendant is an ongoing business, as opposed to an individual, the court will try to minimize the economic impact on the business.
Factors that influence courts: Courts will look at the location in which the alleged nuisance is occurring and any applicable "zoning" restrictions that may apply to that area. For example, a court may be less likely to place restrictions on a livestock farm located in a rural area than on one located at the edge of an urban community. On the other hand, if the farm is located in a "residential" zone, a court may be more likely to allow injunctive or other relief. At the same time, the fact that an activity is located in area that is zoned for that type of operation does not mean that it cannot be found to constitute a nuisance. For example, an area may be zoned to allow a mixture of residential and commercial building, and, a court might still find that an "all night" gas station creates a nuisance for the residential property owners in the area.
It is noteworthy that a "fear" of future injury will not merit injunctive relief. Further, usually pure aesthetic considerations, such as the "look" of a funeral home in a residential area, will not rise to the level of a nuisance. Finally, where a person specifically purchases property knowing that a given activity and/or operation is located nearby, the "moving to the nuisance" doctrine will usually prohibit injunctive relief. In this manner, if a person moves into a house located next to a baseball field, this doctrine may prohibit the person from seeking relief from the bright lights and noise.
In summary, it is not gratifying to be on either side of a nuisance suit. Disputes between neighboring property owners can turn into unpleasant, financially costly and emotionally draining lawsuits. In California, the courts value an individual's right to the peaceful, uninterrupted enjoyment of his/her property. As your San Diego Real Estate Attorney, Spital and Associates is experienced in property disputes and can help ease the strain of such cases and either help you negotiate a workable solution with your neighbors, persuade the other side to go to mediation or make sure that your rights are adequately protected in a lawsuit that might arise.
At Spital and Associates, we specialize in residential as well as commercial real estate transactions, assisting with the process of buying and selling homes, condominiums, townhouses, apartments, buildings, land, and businesses. As your San Diego Real Estate Attorney, we also handle issues that relate to property ownership that arise "after" a sale. For most of us, our home is the biggest single purchase we will ever make, and often our most valuable asset. Similarly, buying and selling commercial property or a business can involve a major life transaction. Buying and selling real estate is complicated, but employing a real estate attorney at Spital and Associates can make the process understandable by explaining the options and alternatives as well as protect your interests, ensuring the title to the property is clear, and take care of any issues that may arise after the sale.
Our work often starts with the "purchase agreement" for the subject property, but we also focus on the preliminary negotiations as they are often relevant to the intent of the parties. As your San Diego Real Estate Attorney, we will draft an appropriate document for the buyer or review one prepared by a prospective seller, and ensure that appropriate clauses are included and contingencies covered. Most purchase agreements will be contingent on the buyer's ability to obtain a mortgage (loan) at or below a certain interest rate, an inspection or an appraisal of the property that supports a value equal to or exceeding the proposed sale price.
Once the purchase agreement is signed, we are available to takethe steps necessary to proceed with a closing, such as:
At the closing, as your San Diego Real Estate Lawyer, we will review and explain the various documents involved and make sure that all steps are taken to fulfill the intent of the parties as expressed in the purchase agreement. Most importantly, we will make sure all of the steps necessary for the buyer to obtain clear, marketable title are taken, including the recording of the deed and other necessary documents.
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