Our Services

Brock Law Firm guides clients through the process of buying, selling and refinancing residential and commercial real estate in and around Asheville.
We assist with contracts, purchases, sales, refinances, construction loans, easements, document preparation, 1031 transactions, foreclosures, conveyances and more.

Residential Purchase

For Buyers, we will conduct a title examination of your property, ensuring that the seller has good title, free of objectionable encumbrances.  We will work with the realtors, your lender and the seller to coordinate closing and ensure a smooth transaction.  We will obtain title insurance for you and conduct the closing, either in our office or remotely, if you cannot attend closing.

Asheville home purchase
Asheville home sale

Residential Sale

For Sellers, we will prepare your documents for closing, including a Deed, Lien Affidavit, tax form (1099), foreign status affidavit (FIRPTA).  If you hold title in the name of a trust, we will prepare a Certification of Trust for you, and if you hold title in the name of an entity, we will prepare an entity Resolution.  We will obtain payoffs of any mortgages that you have, obtain information from your homeowners’ association regarding dues, if applicable, and work with the Buyer’s attorney to ensure a smooth transaction.

Contracts & Easements

We also assist clients with preparation of various types of Contracts, Easements, Deeds, Encroachment Agreements, Options to Purchase, Rights of First Refusal, Shared Well Agreements, Road Maintenance Agreements, Shared Driveway Agreements, private financing and more.

Asheville real estate contracts
Asheville loan refinance

Loan Refinance

For refinances, we will conduct a title examination, as required by your lender, and work with your lender to get your refinance closed as quickly and efficiently as possible.  We will ensure your old mortgage is paid off and canceled in the public registry as soon as possible.

Construction Loans

For the closing of construction loans, we will conduct at title examination, as required by your lender, and work with your lender to get this closed as quickly as possible, so you can start the building process.  We will obtain the simultaneous issuance of an owner’s title insurance policy for you for little additional premium, together with the lender’s title policy, to ensure that you have maximum coverage.

Asheville home construction loans
Asheville commercial real estate purchase

Commercial Transaction

We can guide you through a commercial purchase, sale or refinance, working with the realtors and your lender, if any, to ensure a smooth and thorough transaction.

Have questions about title to your property, a possible encroachment, how best to hold title to your property, how best to convey property to a family member? We are here to answer your questions and help you accomplish your goals.

Asheville legal advice for real estate

FAQs

  1. Inspection. You will want to have a general inspection conducted on the house, including a radon test and a pest inspection.  The inspection report will likely suggest that you have an electrician, plumber, roofer and/or other professional inspect certain aspects of the house.  It is highly recommended that you have these additional inspections.  A general inspector will miss things that a specialist will catch.  
  2. Survey.  It is recommended that your order a survey. This is to ensure that a neighbor’s improvement is not encroaching onto the property you’re under contract to purchase and to ensure that there aren’t any improvements on the subject property encroaching on a neighbor’s property, like a shed, driveway, portion of their house or garage, storage tank, deck or fence.  A survey may also show if there are easements on the property about which you may not have been aware.
  3. If you are obtaining a mortgage to buy the house, please provide us with the contact information for your lender as soon as possible.  If you will not be in town for the closing, please let us know as soon as possible.
  4. We will conduct a title examination and provide to you a preliminary title opinion.  This will explain if there are any liens, easements or other encumbrances that affect the property.
  5. If you are obtaining a mortgage, your lender will send to you a draft Closing Disclosure (CD) 3 or more days before closing.  You must “accept” this draft CD at least 3 days before closing to keep your closing on schedule.  We will have the exact amount that you need to wire for your closing available shortly before your closing.  We will provide this number to you as soon as possible.  This number may differ a little from the amount shown on your draft CD.  We will be happy to explain the difference at closing.

It can be safe to send a wire if you follow our recommended precautions.  We will send you our wiring instructions via DocuSign.  It is important that you call our office at (828) 254-6200 to verify these instructions.  We never email wiring instructions.  If you receive wiring instructions by email that appear to be from our office, they should be considered suspect.  Do not call the phone number provided on emailed wiring instructions to verify the instructions.  Call our office at (828) 254-6200.  We never change our wiring instructions.  Once you send your wire, call our office to verify that we received it.

In North Carolina, a non-titled spouse has a “marital interest” in real property owned by the titled spouse, unless there is a Free Trader Agreement or Deed recorded in the registry, in which the non-titled spouse waived their marital interest in the property.  If you are selling or refinancing real estate, your spouse must sign.

We recommend that you obtain a survey. This is to ensure that a neighbor’s improvement is not encroaching onto the property you’re under contract to purchase and to ensure that there aren’t any improvements on the subject property encroaching on a neighbor’s property, like a shed, driveway, portion of the house or garage, storage tank, deck or fence.  A survey may also show if there are easements on the property about which you may not have been aware.