Real Estate Law

Connecticut’s real estate law encompasses various legal matters related to the ownership, use, and transfer of land, buildings, and other real property. There are a host of federal and state statutes that govern real estate law. In this page, we will discuss the purpose of real estate law, the basics of real estate law in Connecticut, how to purchase or sell a property in Connecticut, types of deeds and mortgages available for the conveyance of title to real property in Connecticut, the closing process for purchasing a property in Connecticut, how to transfer ownership of a property in Connecticut, and the landlord/tenant laws governing rental properties.

The Purpose of Real Estate Law

Real estate law protects buyers and sellers from potential risks associated with buying or selling property. It also clarifies who owns what rights over any piece of real property (land and anything attached to the land) at any given time. By outlining different regulations regarding land use, zoning ordinances, environmental concerns, etc., it ensures that all parties know exactly what they are getting into when engaging in any real estate transaction.  

The Basics of Real Estate Law in Connecticut

In Connecticut, there are four main parties involved in a typical residential real estate transaction: (1) the seller, (2) the buyer, (3) the landlord, and (4) the Mortgagee. The seller is the party transferring ownership rights of their property to the buyer, while the buyer is taking on responsibility for the property from the seller. The landlord is an individual or entity that has leased out a portion or all of their own personal residence to another individual. In contrast, a mortgagee is typically a bank or financial institution that has loaned money against a piece of real estate for repayment.

How to Purchase or Sell a Property in Connecticut

When purchasing or selling a home or piece(s) of land in Connecticut, several steps must be followed. First, prospective buyers must find financing options if they intend to purchase with borrowed funds and hire an attorney familiar with local laws pertaining to these transactions. Then, they must conduct inspections on any potential properties they are interested in and have an appraisal done to determine fair market value. Once these steps have been completed, negotiations between the buyer and seller can begin, ultimately resulting in closing escrow, where both parties sign the final documents.

Types of Deeds and Mortgages Available for Conveyance of Title in Connecticut

Two primary types of deeds are used when conveying title over real property: a warranty deed and a quitclaim deed. Warranty deeds guarantee clear title by warranting against defects. In contrast, a quitclaim deed does not offer warranties but transfers whatever interest one person may have over certain real estate without guaranteeing anything else. Regarding mortgages, the most common type is fixed-rate loans, where terms remain the same throughout the duration loan agreement. However, adjustable-rate loans exist where terms can fluctuate based on current market conditions.

The Closing Process for Purchasing a Property in Connecticut

After negotiations between the buyer and seller have concluded, verifications such as escrow instructions need to be established. Once this step is complete, closing documents are prepared, in which both parties sign off respective documents and officially transfer ownership.

Contact Us for Real Estate Law Help

Do you want to purchase a property but unsure of what to do? Our attorneys can provide the advice and guidance you need in your real estate law matters. We look forward to working with you. Contact our law firm today!