Investing in real estate offers lucrative opportunities, but it comes with its own set of risks. Two main ways real estate investors lose money are through bad investing decisions and lawsuits. Navigating these complexities requires a strong understanding of real estate law. To help you steer clear of legal troubles, we recently had the pleasure of speaking with legal experts Julia Barth and Aaron Sadiq, who shared invaluable insights on real estate law.
Meet Julia Barth and Aaron Sadiq
Julia Barth is a seasoned real estate attorney and owner of Juniper Title Agency. Her brother, Aaron Sadiq, also a real estate attorney, works alongside her to offer comprehensive legal services for real estate investors. Together, they provide a unique blend of legal and title services that help clients avoid costly mistakes.
Julia Barth’s Law Firm and Title Company
Juniper Title Agency
Julia’s Juniper Title Agency is a fully independent title company licensed in Texas. They work with top underwriters like Fidelity and Chicago Title, ensuring robust title insurance coverage for their clients. When you close a transaction with Juniper Title, you get the added assurance of having one of the nation’s best underwriters backing your deal.
Comprehensive Legal Services
Julia’s law firm offers full-service legal advice in both business and real estate law. They assist in various aspects, such as business acquisitions and contract negotiations, along with real estate-specific needs. Their expertise extends beyond just real estate transactions, making them a one-stop-shop for business and legal needs.
Services Offered
One of the firm’s primary services is helping clients form legal entities tailored to their business needs. They also offer meticulous contract reviews and drafting services to ensure all terms are clear and enforceable.
Partnership Documents and Litigation Support
Proper documentation is crucial in any business relationship. The firm drafts custom partnership documents and offers litigation support if things go south. Whether you need to sue or are being sued, their good-cop-bad-cop approach ensures you’re well-represented.
Importance of Title Insurance
Basic and Additional Coverage
Title insurance covers you against ownership claims and various other issues that could arise after purchasing a property. While sellers typically pay for the basic policy, buyers usually shoulder additional endorsements for surveys and other coverages. These endorsements add layers of protection, especially useful for commercial deals.
Negotiating Title Insurance Payments
Seller vs. Buyer
Contrary to popular belief, who pays for title insurance is negotiable. While sellers usually cover the basic policy, buyers often pay for extra endorsements. Understanding this can give you leverage during negotiations and potentially save you significant costs.
Rollback Taxes
What Are Rollback Taxes?
Rollback taxes apply when a property’s use changes, especially from agricultural to commercial. These taxes can go back up to five years, turning a small tax bill into a substantial one. Always clarify who is responsible for these taxes to avoid unpleasant surprises.
Real-Life Examples
Julia and Aaron shared a case where a buyer faced $200,000 in rollback taxes due to a previously agricultural property switching to commercial use. Proper due diligence saved them from litigation, highlighting the importance of understanding and negotiating these terms upfront.
Errors and Omissions (E&O) Insurance
Protection for Real Estate Agents
E&O insurance is essential for real estate agents, particularly in commercial real estate, to protect against lawsuits arising from mistakes or errors. This insurance can save you from hefty legal fees by stepping in to defend you.
Commissions and Disputes
Commission disputes are common in real estate. Unfortunately, E&O insurance won’t help if someone tries to take your commission, but it will cover you if a mistake lands you in a lawsuit.
Cyber Fraud and Wire Transfer Fraud
The Growing Threat
Cyber fraud is a rampant issue in the real estate industry, targeting agents and title companies. Cybercriminals intercept emails and alter wire transfer instructions, making victims lose significant amounts of money.
Tips to Avoid Fraud
Never log into unsecured networks. Always verify wire transfer instructions by calling your trusted escrow officer or visiting in person. This one step can save you from falling victim to fraud.
Document Retention Guidelines
How Long to Keep Real Estate Documents
Keep all real estate-related documents for at least five years, though seven is preferable. Digitize these documents to save space but ensure they are stored securely.
Trademarking a Real Estate Brand
Steps to Trademark
Trademarking your brand helps protect your business name and logo. Start with a state-level trademark if you’re operating locally, but consider federal trademark protection if you plan to expand.
Probate and Estate Planning Services
Comprehensive Legal Support
Julia’s firm also offers probate and estate planning services, making it a versatile option for investors with diverse legal needs.
Residential to Commercial Academy
Launching Soon
Julia and Aaron are launching an online academy to guide residential agents interested in transitioning to commercial real estate. The course covers everything from contract basics to advanced negotiation tactics, available in easily digestible segments.
Course Features
The academy offers a document suite for lease and sales contracts and live seminars. This comprehensive program equips agents with the knowledge and tools to succeed in commercial real estate.
Vetting Virtual Wholesalers and Partners
Due Diligence is Key
Vetting is crucial when dealing with virtual wholesalers or new business partners. Julia and Aaron offer background checks and other services to ensure you’re dealing with legitimate parties.
Examples of Fraud
They shared cases where investors lost significant amounts due to fraudulent wholesalers. Always vet any virtual or new partners and consult with legal experts to avoid such pitfalls.
Final Thoughts
Navigating the complex world of real estate investing requires vigilance and the right legal expertise. Julia Barth and Aaron Sadiq offer invaluable services that help investors make informed decisions and avoid costly mistakes. From title insurance and contract reviews to cyber fraud prevention and trademarking, their comprehensive approach ensures you’re well-protected. Don’t leave your investments to chance—partner with seasoned professionals like Julia and Aaron for peace of mind.
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