Blog
Has the COVID-19 Pandemic Changed What We Want in a Home?
Posted on January 6, 2021 by Attorney's Title Group
In home design trends, as in life, sometimes it feels like change is the only constant. While only a year ago, breezy living rooms and kitchens that promote family togetherness were all the rage among homebuyers, the COVID-19 pandemic has prompted many people to reconsider what they desire in...
moreHome Upgrades to Consider When Selling
Posted on November 16, 2020 by Attorney's Title Group
If there’s any insight to gain from 2020, it’s this: the home buying market is resilient. Despite the fact that home buying slowed earlier in the year,...
moreWe're Moving to a New Location!
Posted on October 28, 2020 by Attorney's Title Group
Attorney's Title Group is excited to announce that we are moving to a new location. Beginning November 1st, we will be in our new location at 5315 Highland Drive. The new location provides us with more space and added convenience to better serve our valued clients.
It’s true that 2020...
moreHow “Virtual” Options are Helping Buyers and Sellers during the Pandemic
Posted on October 14, 2020 by Attorney's Title Group
For sellers, an “open house” means more visibility since buyers can swing by and view the home without making an appointment. An open house can be a fantastic way to have multiple home showings in a condensed period of time. Like many other things complicated by COVID-19, the pandemic poses...
moreBills of Assurance: The Basics
Posted on September 17, 2020 by Attorney's Title Group
Residential communities with a governing document (such as a bill of assurance or declaration of covenants, conditions and restrictions) foster a cohesive, clean, neighborhood atmosphere. They spare property owners some responsibilities while also requiring those property owners to follow...
moreProperty Titles vs. Property Deeds: What’s the Difference?
Posted on August 24, 2020 by Attorney's Title Group
The vocabulary of real estate can be complex. A person could spend years carefully studying definitions without fully understanding the entire scope of the real estate industry. While brushing up on terminology never hurts, there are really only a few key phrases you need to know while buying or...
moreCrash Course in Title Insurance
Posted on June 6, 2020 by Attorney's Title Group
Every day, we do little things to protect ourselves and our loved ones. From buckling up before driving to locking doors before going to bed, the smallest of actions can go a long way towards keeping safe. Insurance provides similar protection – it’s why we invest money in auto and health...
moreHow Environmental Due Diligence Can Prevent Problems at Closing
Posted on April 13, 2020 by Attorney's Title Group
When you’re a party to a commercial real estate transaction, whether buying or selling, it’s crucial to perform environmental due diligence on the property. Properties can have any number of hidden environmental liabilities that can cost a fortune, devalue the property, or turn into a legal...
moreCommon Causes of Property Disputes and How to Deal with Them
Posted on March 3, 2020 by Attorney's Title Group
That perfect dream home or promising investment property you’ve purchased can turn into a nightmare if a property dispute arises. Real estate disputes can cover a range of issues and have devastating consequences if not handled quickly and skillfully. Here are three common property disputes and...
moreQuick Overview of Scrivener’s Affidavits
Posted on December 6, 2019 by Attorney's Title Group
On our last blog post we covered “cloudy” titles, or clouds on title, and some effective ways to avoid or cure them. In this post we’re going to cover one of those potential solutions: the scrivener’s affidavit.
A scrivener’s affidavit is a common method of “curing” a sick or cloudy title....
moreWhat’s a “Cloudy” Title, or Cloud on Title?
Posted on October 30, 2019 by Attorney's Title Group
Cloudy, clouded, or the more common term, cloud on title is a colloquialism for a defect on a title (or an apparent defect) that can have short or long-term ramifications on the property and its owner. This article will give you a brief overview of cloudy titles, some real-world...
moreWildlife Conservation in Real Estate
Posted on July 25, 2019 by Attorney's Title Group
Here’s a run-down to keep in your back pocket for your clients: Government Conservation Easements and how they work for your client. Knowledge is power, and a savvy Realtor has answers to even the most mundane questions.
So, What’s a Conservation Easement?
A...
moreWhy It’s Handy to Have a Lawyer Near Your Real Estate
Posted on July 23, 2019 by Attorney's Title Group
Involving minors in real estate transactions can be a tricky business, and it’s a common enough practice that more often than not, you’ll need a title agency and a lawyer to clear the title. In our real-world example this week, we’ll show how you can...
moreInspect Your Inspection
Posted on September 30, 2019 by Attorney's Title Group
Inspections are so ingrained in the process of buying and selling Real Estate that at times they are taken for granted. It’s important to remember the purpose of the inspection is not to put an extra step between a buyer and their prospective property – it’s to prevent the buyer from acquiring a...
moreOverview – Power of Attorney
Posted on June 27, 2019 by Attorney's Title Group
What is a General Power of Attorney?
A power of attorney is a delegation of authority by one person (usually called the principal) to another person (usually called the attorney-in-fact or agent). The attorney-in-fact is...
moreHOAs – The Ups and Downs
Posted on August 22, 2019 by Attorney's Title Group
Subdivisions, Property Owners Associations (POAs), and Home Owners Associations (HOAs) exist for many reasons, whether a neighborhood is trying to maintain property value, safety, or uniformity. If you’re moving or working in one of these areas, here are a few examples of what type of...
moreDisclosure for Pros
Posted on June 21, 2019 by Attorney's Title Group
Chances are, Realtors already understand disclosure, and what it means for all parties involved. This article is for educational purposes, and for those that want to up their game in their real estate communications. This blog piece will cover the basics of our Principal Instructor, Scott...
moreProperty Liens and How to Avoid Them
Posted on June 18, 2019 by Attorney's Title Group
Selling a home can be a simple process, or a tricky minefield. Just when an agent thinks they know everything about the property, the title work comes back with a left hook. One such unpleasant surprise can come in the form of liens on a property.
Imagine you’re the selling agent and...
moreContinuing Education in Real Estate – the Ups and Downs
Posted on May 29, 2019 by Attorney's Title Group
We’re entering the season where continuing education (CE) grinds to a halt in favor of summertime client relationship management. Buyers spend the warm months browsing for homes, and so Agents spend their time showing houses, networking, and hoofing it around town for work, not trapped inside...
moreWell, well, well…
Posted on May 15, 2019 by Attorney's Title Group
Not every close call is a difficult one, but when problems arise it helps to have a fleet of attorneys at your back during crucial transactions like the purchase of property.
Some years ago, a seller and buyer came to us about a piece of rural property. The survey on the 5 acres came back,...
moreRealtors: We Appreciate 3 Qualities in Agents
Posted on May 7, 2019 by Attorney's Title Group
When it comes to closing a property, there are a lot of moving parts (Realtors, buyers, sellers, lawyers, closing companies, lenders, etc.). With so many parties, effective cooperation becomes paramount. This week we share three qualities in a Realtor that make our job as title agents...
moreWhy 20% of Homebuyers May Not Sleep Tonight
Posted on April 30, 2019 by Attorney's Title Group
Each year, approximately 20% of homebuyers fail to protect themselves by not getting owner’s title insurance. Unfortunately, this leaves them exposed to serious financial risk—causing endless worry and regret.
If you’re thinking of buying a home, here’s what you need to know to protect...
moreRepairs & Modifications that Sell the Home
Posted on April 17, 2019 by Attorney's Title Group
Whether you’re looking for a “wow factor” or added value, repairing a home before it’s sold is a tricky business. The end goal when making repairs and modifications to a for-sale home is usually to shorten the time of the sale and/or maximize the return on investment for the homeowner....
moreLocation, Location, Location
Posted on March 26, 2019 by Attorney's Title Group
Homebuyers with intent to move in are often buying at some key point in their life, whether they’re starting a family or are downsizing for space (or they won the lottery and need a house to prove it). Each type of homebuyer will have their own priorities when moving, and each person will have...
moreJoint Tenancy vs. Tenants in Common
Posted on March 6, 2019 by Attorney's Title Group
The difference between joint tenancy and tenants in common is very important for partners buying real estate to learn, and therefore for its Realtors to learn. These two terms are similar, but very different ways that two or more parties can buy property...
moreZoning Nightmares
Posted on February 27, 2019 by Attorney's Title Group
If you’re in the business of buying and selling commercial property, you’re likely very familiar with zoning, and the issues that can crop up with the process. If you’re not familiar, zoning is the process of categorizing the uses for a piece of real estate. The most common distinguishable zones...
moreFannie Mae and Freddie Mac – What Are They?
Posted on February 18, 2019 by Attorney's Title Group
These companies are mentioned so much in the Real Estate Industry, sometimes we take for granted that not everyone knows what they do and why they do it. Here’s a brief overview to fill in the gaps.
A considerable number of homebuyers don’t have the money outright to buy a house in cash,...
moreCommon Pitfalls with Repairs and Maintenance
Posted on January 31, 2019 by Attorney's Title Group
Buying a house doesn’t always have to mean getting the property as is. When a buyer finds a fault or concern with the real estate, they have the ability to negotiate repairs before the property trades hands. But where does the buck stop when it comes to checking that repairs have been made, or...
morePrice Per Square Foot Can Shoot You in the Foot
Price Per Square Foot Can Shoot You in the Foot
Pitching a house by the price per square foot is a popular and dangerous habit. While it might provide a close approximation of the market value of the property, it can go disastrously wrong if that approximation is inaccurate, and you’ve already signed a contract.
...
moreTitle vs. Possession
Posted on January 9, 2019 by Attorney's Title Group
Title to land and possession of land are related, fundamental concepts regarding real estate that overlap considerably, but are not identical. Title is about ownership of land; possession is about, well, possession of land. A person who...
moreThe Pitfalls of DIY Trusts – And How You Can Avoid Them
Posted on December 27, 2018 by Attorney's Title Group
A plethora of Internet fads are making the rounds in the short time we’ve all migrated to the World Wide Web. Everything from crafts on Etsy, to tutorials on YouTube, all the way to important things like personal taxes with TurboTax, have taken on a very do-it-yourself (DIY) feel. While the...
moreReal vs. Personal Property
Posted on December 12, 2018 by Attorney's Title Group
We have seen numerous deals over the years hit a snag based on the misconception or miscommunication of what stays with a home and what is leaving with the seller. The answer begins with knowing the difference between real and personal...
moreBest Holiday Practices for Realtors
Posted on November 26, 2018 by Attorney's Title Group
Working around the holidays can be mind-numbing for anyone. Between prepping for family, decorating, and shopping, it’s a wonder we get anything done in December. For an industry as seasonal as real estate, it might be an ideal time for a little holiday break, right? According to expert real...
moreProposed Regulation 10.5 – Part II
Posted on October 26, 2018 by Attorney's Title Group
Last month we crafted an informational piece about proposed Commission Regulation 10.5, the contents of which would impose strict regulations on advertising any brokerage activities in Arkansas. After some deliberation, the Commission has decided to begin training on best advertising practices...
moreThe Haunted House Statute – And What it Means for Realtors
Posted on October 17, 2018 by Attorney's Title Group
Halloween is just around the corner, and Realtors want to know: Do I have to tell a potential buyer that a property might be a “haunted house”?
In 2009 this was a legal gray area. Does the Realtor owe a duty to the buyer to make an inquiry about past events in the house? Can a buyer sue a...
moreWire Fraud – What it is and How to Avoid it
Posted on October 9, 2018 by Attorney's Title Group
With the recent uptick in email spoofing and wire fraud, we thought it would be a good topic to explain in further detail. In this article we’ll discuss some best practices to avoid being scammed when dealing with real estate transactions.
Good Funds
As Realtors...
moreHow to Win at Disclosure
Posted on August 28, 2018 by Attorney's Title Group
Chances are, Realtors already understand disclosure, and what it means for all parties involved. This article is for educational purposes, and for those that want to up their game in their real estate communications. This blog piece will cover the basics of our Principle Instructor, Scott...
moreA Year of Blogging – Get Caught Up!
Posted on September 21, 2018 by Attorney's Title Group
If you’re new to “The Realty Blog” or just looking to take a stroll down memory lane, this week’s blog is a quick snapshot of some of our most popular posts from the past year. The experts at Attorney’s Title Group write these blogs to bring forward important real estate topics that are not...
moreProposed Commission Regulation 10.5
Posted on September 10, 2018 by Attorney's Title Group
What You Need to Know About Proposed Regulations on Real Estate Advertising
This is a snapshot of what we know about Commission Regulation 10.5 (currently on the Governor’s desk as of September 7, 2018), the contents of which will impose strict regulations on advertising...
moreWhat Qualifies a “Bedroom”?
Posted on August 21, 2018 by Attorney's Title Group
We all know what a bedroom is, right? At first glance it might seem like an obvious, common-sense piece of information for any Realtor or real estate expert. But if you look deeper into state real estate laws, you might find some conflicting opinions.
...
moreWhat a Subdivision Can Dictate About Your House
Posted on September 25, 2018 by Attorney's Title Group
Subdivisions, Property Owners Associations (POAs), and Home Owners Associations (HOAs) exist for many reasons, whether a neighborhood is trying to maintain property value, safety, or uniformity. If you’re moving or working in one of these areas, here are a few examples of what type of...
moreThe Future of Closing (eClosing)
Posted on July 18, 2018 by Attorney's Title Group
From ensuring everyone arrives on time to keeping all the paperwork in order, the closing process has always been complex. In 2018 eClosures are a rising trend in the way Realtors handle real estate. EClosures allow for lenders to review questions ahead of time and expediate the closing process...
moreMeet “The Title Guy” – Charles Ward
Posted on July 12, 2018 by Attorney's Title Group
Today we’re going to talk about an important, often hidden, part of our team. The man behind the title work, who’s signature ends up on most of the paperwork, but our regulars have not met. Before he was “The Title Guy” he had a hand in several ground-breaking movements in Arkansas real estate...
moreFor Sale by Owner – It’s Not About the Commission
Posted on June 27, 2018 by Attorney's Title Group
Everyone and their grandma has a computer these days, and the instant connectivity has led to the rise of do-it-yourselfers. While For Sale By Owner (FSBOs) has been around for longer than the internet, now it’s even easier to Google “how to sell your house”, and even download and print forms to...
moreWhat’s a Reverse Mortgage?
Posted on June 19, 2018 by Attorney's Title Group
A reverse mortgage is very much what it sounds like: the lender takes out a mortgage on a house, but instead of giving the owner a lump sum of money for the loan amount, the lender instead makes a monthly fixed payment to the borrower (owner of the property). It’s a relatively recent tool for...
moreHome Amenities Post WWII vs. Today (Part II)
Posted on June 5, 2018 by Attorney's Title Group
This week we explore the last three decades and how amenities handled the boom and recessions that followed:
1990’s
In the 1990’s the economy started to improve under the Clinton administration, leaving the developmental dark of the 80’s behind Interest rates were...
moreHome Amenities Post WWII vs. Today (Part I)
Posted on May 24, 2018 by Attorney's Title Group
1950’s — 1990’s: The Evolution of Housing in Little Rock
HGTV and new neighborhoods, like Pleasant Valley and Chenal, have changed the perception of housing amenities throughout the years in Little Rock, leading consumers to want bigger and better houses. Before these...
moreBuying and Selling in the Golden Years
Posted on May 16, 2018 by Attorney's Title Group
Whether you’re downsizing, hopping an RV to Florida, or relocating, buying and selling property after retirement requires a lot of planning. Here are some circumstances, best practices, and key terms to be on the lookout for.
Selling After Passing of Spouse
People in...
moreMillennial Cheat Sheet to Home-Buying
Posted on April 27, 2018 by Attorney's Title Group
This week, ATG answered seven (7) questions that came from Millennials, the market’s future home-buyers. This is our insight into the most common questions you might run into as an agent working with this age group.
...
more5 Things to Know About Commercial Properties
Posted on April 24, 2018 by Attorney's Title Group
Commercial Closing is “Easier”
Buyers of commercial property are often surprised at how much simpler the closing process is compared to residential. Residential buyers have a stack of papers to sign at closing from their lender, a stack which the law requires to be...
moreArkansas Taxes Are Easy!
Posted on April 13, 2018 by Attorney's Title Group
“Arkansas Taxes are the Simplest in the Nation!”
Said no one, ever.
Have you ever wondered why Arkansas pays taxes in arrears (meaning 2018’s taxes will be paid next year) and why they are so confusing? We can help with that! The current theory is that during Reconstruction, after...
moreLiens on a Property
Posted on March 30, 2018 by Attorney's Title Group
Selling a home can be a simple process, or a tricky minefield. Just when an agent thinks they know everything about the property, the title work comes back with a left hook. One such unpleasant surprise can come in the form of liens on a property.
Imagine you’re the selling agent and...
moreRealtor’s Duties at Closings
Posted on February 22, 2018 by Attorney's Title Group
We often get the question, “What does the Realtor do at the closing?” We try to clean up those questions in this post.
Contract
The first thing the Realtor does is send the contract to the closing company. The contract lets the closing company know what the purchase...
morePowers of Attorney
Posted on February 8, 2018 by Attorney's Title Group
What is a General Power of Attorney?
A power of attorney is a delegation of authority by one person (usually called the principal) to another person (usually called the attorney-in-fact or agent). The attorney-in-fact is...
moreIntegrity of Closing – Who Cuts the Check?
Posted on January 25, 2018 by Attorney's Title Group
Closing a sale on a property is a complicated, many-headed beast. What works for one Realtor may not always be the best-case scenario with another. And when it comes to commission checks, you want to lock down specifics on as soon as possible.
...
more“Coming Soon” Listings
Posted on January 12, 2018 by Attorney's Title Group
Recently there’s been a bit of buzz online about “Coming Soon” listings, and where they fall legally (and ethically) in a Realtor’s toolbox. While this topic has been an issue for numerous years, with the increased use of social media, they’re becoming more prevalent, raising difficult questions...
more5 Things Realtors Lacked in The 70’s
Posted on December 29, 2017 by Attorney's Title Group
There’s no doubt technology has simplified many aspects of our lives, and while fads come and go, the pre-internet era is a abstract concept to the younger generations. Luckily, some of us are still here to reminisce about being a Realtor some 40+ years ago. Here are 5 things Realtors managed...
moreGovernment Conservation Easements and You
Posted on December 8, 2017 by Attorney's Title Group
Here’s a run-down to keep in your back pocket for your clients: Government Conservation Easements and how they work for your client. Knowledge is power, and a savvy Realtor has answers to even the most mundane questions.
So, What’s a Conservation Easement?
A...
moreGreat Tip for Hunting Land Purchases
Posted on October 20, 2017 by Attorney's Title Group
How Uncle Sam can help your duck season!
Duck hunters know about government programs that preserves and creates habitat. They know they need a federal stamp in addition to their state license to legally harvest waterfowl in designated seasons. But how many know there are programs to...
moreMeet Scott Jones – Realtor Turned Lawyer
Posted on October 12, 2017 by Attorney's Title Group
Meet Scott Jones – Realtor Turned Lawyer
Being a Realtor can be a very satisfying job. We hear it all the time: the people make the job worthwhile. Scott Jones loved working with people as a Realtor, and from 2002 until 2008 he did just that. Something bothered...
moreCommunication and the Closing Process
Posted on September 29, 2017 by Attorney's Title Group
As you well know, buying and selling a house involves a lot of moving parts and communication, especially when it comes to the closing. While most Realtors bring their own process and experience to the table, they also have to take into account the wide range of priorities the buyer, seller,...
moreHow a Bad Marriage Can Impact a Closing
Posted on September 18, 2017 by Attorney's Title Group
Realtors – Learn How a Bad Marriage Can Impact a Closing
Title issues with married (and divorced) couples are some of the most common problems we run into in this business. What most people don’t know about property ownership is that even though a couple can buy a house in...
moreClosing Time: 6 Steps Homeowners Should Expect
Posted on July 28, 2017 by Attorney's Title Group
Your long home-buying journey is almost over. You found the home you love, the seller agreed to your offer and now it’s time for closing. Of course, there’s a lot to think about right now, and the last thing you want is something to go wrong. So make sure you work with an experienced closing...
more7 Reasons Why You Need Owner’s Title Insurance
Posted on July 19, 2017 by Attorney's Title Group
Buying a home is an exciting and emotional time for many people. To help you buy your home with more confidence, make sure you get owner’s title insurance. Here’s why it’s so important for you.
1. Owner’s Title Insurance Protects Your Largest Investment
A home is...
moreDo I need to Keep Paper Records?
Posted on June 28, 2017 by Attorney's Title Group
As the world turns and the digital age evolves past the need for paper documents, a common question arises from our brokers: Do I have to keep paper records?
AREC regulation 10.7 requires brokers to maintain records for at least three years. Fortunately, Regulation 10.7(b)(3)...
moreCo-Tenancy
Posted on June 21, 2017 by Attorney's Title Group
Ownership of land by two or more persons is called a co-tenancy. There are two basic kinds of co-tenancies. One is a tenancy in common. A tenancy in common consists of two or more tenants in common. Unless the deed vesting title in the tenants in common provides otherwise, each tenant in common...
moreContracts for Deeds
Posted on June 13, 2017 by Attorney's Title Group
What you need to know about Contracts for Deeds:
- A contract for deed is a way property can be purchased by a buyer who doesn’t qualify for more conventional mortgage financing.
- With a contract for deed the buyer pays the purchase price to the seller in monthly installments of...
Written Contracts
Posted on May 16, 2017 by Attorney's Title Group
The law that requires certain contracts to be in writing in order to be enforceable is called the:
(a) Written Instrument Law
(b) Parole Evidence Law
(c) Statute of Limitations
(d) Statute of Frauds
Answer: (d)
The Statute of...
moreAm I a Dual Agent?
Posted on May 10, 2017 by Attorney's Title Group
If I sign an Exclusive Buyer’s Agreement with a buyer client and show a home listed by another agent in my office am I a Dual Agent?
Yes, you are a Dual Agent. The buyer and the seller are both clients of your Broker, thus as a sub-agent of your Broker you represent both the...
moreRiparian Rights
Posted on May 10, 2017 by Attorney's Title Group
Riparian rights concern properties abutting moving water such as streams and rivers. If a property abuts a stream or river, the owner’s riparian rights are determined by whether the water is navigable or not navigable.
If the property abuts a non-navigable stream, the...
moreLiving Trusts
Posted on May 10, 2017 by Attorney's Title Group
- A living trust allows the trustor, during his or her lifetime, to convey title to a trustee for the benefit of a third party. The trust charges the trustee with all necessary responsibility for managing the property, protecting its value, and securing whatever...
Fun Real Estate Facts
Posted on May 10, 2017 by Attorney's Title Group
■ Warren Buffet lives in the same house he purchased in 1958. He bought it for $31,500.
■ In Scotland homeowners...
moreDoes the Fridge Come With the House?
Posted on May 10, 2017 by Attorney's Title Group
We have seen numerous deals over the years hit a snag based on the misconception or miscommunication of what stays with a home and what is leaving with the seller. The answer begins with knowing the difference between real and personal property. In the broadest since, real property is...
moreViolated Setback Requirement
Posted on May 10, 2017 by Attorney's Title Group
My client has mistakenly violated the setback requirement on their new home; what can they do?
We have all had the situation arise in our careers when a client calls and says they accidentally built a permanent structure on their property too close to the property. Now...
moreClient vs. Customer: Open House Visitors
Posted on May 10, 2017 by Attorney's Title Group
Client vs. Customer: What duties are owed to an open house visitor?
We have all faced this situation: a couple comes into our open house and begins to ask questions about the property and real estate in general. We politely answer their questions and gather information....
more