Real Estate Law Frequently Asked Questions
Real estate law is a complex topic that for many people can be baffling and confusing. At Mancini Law, our goal is to help you better understand the law so that you can make informed decisions regarding your rights and your options.
Here, you can find answers to some of the most common real estate law questions that we receive at our office. if you find that you still have questions, then you can reach out to our office to see how we can help you navigate your situation.
Do I need an attorney for my real estate transaction?
Yes, you are required to have an attorney to facilitate the closing of your real estate transaction. While there is no legal requirement to have an attorney in all stages of the transaction, many people seek out an attorney to help them prepare their documents at all stages of the process. Due to the significant investment that real estate purchases represent, we strongly encourage you to speak with an attorney at your earliest opportunity when you begin searching for a property.
This will ensure that you are protected at all stages with thoughtful and insightful documents that will protect you and give you the confidence you need to complete your purchase. You don’t want to expose yourself to unnecessary risk that an attorney can easily shield you from.
What is the difference between a clear title and an encumbered title?
When you are considering buying or selling a property, you will need to do a title search before you can transfer ownership to determine what type of title you have. In most cases, if there are no issues you will have a clear title without any barriers to transferring.
However, if there are any liens, levies or other encumbrances on the property then you will have an encumbered title, which can hinder your ability to buy or sell it. You will then have to go through a quiet title action in order to clear the issues so that you can ‘clean up’ your title and make it transferable.
Do I need title insurance?
Title insurance can protect in you in a situation where you have purchased a property and discover afterward that the title was encumbered by a third-party claim, such as a mechanic’s lien or creditor’s lien. Title insurance protects you against this by providing funds so that you can clear your title and remove any encumbrances. Many banks and mortgage lenders will require that you obtain title insurance as a part of your home mortgage.
What is a contingency in a real estate contract, and which ones do I need in Connecticut?
A contingency is a condition that must be satisfied before a real estate contract becomes fully enforceable. The right contingencies help protect buyers and sellers by outlining the requirements for either party to proceed or withdraw without penalty. Connecticut transactions commonly include several contingencies that address financing, inspections and title matters.
- Mortgage contingency: Protects buyers who need confirmed financing
- Inspection contingency: Allows evaluation of structural or mechanical issues
- Appraisal contingency: Addresses low valuations
- Title contingency: Helps ensure a clear, marketable title
- Home sale contingency: Lets buyers sell an existing property first
- Kick‑out contingency: Gives sellers flexibility to accept stronger offers
Additional contingencies may apply in unique situations, such as the sale of an existing home or the need for specific repairs. Contingencies must be precision-drafted because state courts enforce contract language as written.
Do you represent the buyer, the seller or the lender? Can you represent both in Connecticut?
It depends on the structure of the transaction and the needs of the parties. Our attorneys frequently represent buyers, sellers and lenders in residential and commercial matters. In each role, we take on distinct responsibilities, including contract review, title examination and closing oversight.
Connecticut permits an attorney to represent more than one party in limited circumstances, but only when there is no conflict of interest and all parties provide informed written consent. Dual representation requires careful evaluation because the attorney must remain neutral and cannot advocate for one party over another.
FSBO transactions often involve additional attorney involvement because the parties do not have real estate agents guiding the process. In these situations, each party typically benefits from separate counsel to avoid conflicts. Lender representation is always separate because the lender’s interests differ from those of the buyer or seller.
What happens during the closing, and what should I bring?
The Connecticut closing process finalizes the transfer of ownership and completes all financial and legal requirements. Your attorney reviews the settlement statement, confirms the accuracy of lender documents and verifies that title conditions have been satisfied. Funds are disbursed, the deed is executed and necessary documents are recorded with the appropriate land records office.
Buyers should bring a government‑issued photo ID, any required bank checks and final lender documents if instructed. Sellers must bring keys, access devices and any documents needed to complete the transfer. Closing can vary, but all require strict compliance with Connecticut recording and funding procedures.
Call Our Office For More Answers
If you have other questions regarding real estate law, or if you have an issue that you would like to discuss with our office, we are ready to help you. You can call our office at 860-325-7347 or you can send us a message online with a brief description of your case or concerns. We offer consultations, so reach out today for help. Se habla español.