Real Estate Law

Residential closings

Poliner, Poliner, Antin & Cienava Rocco, P.C. has represented buyers and sellers of personal residences for more than 80 years and has participated in thousands of closings in Connecticut.

Our legal services for the buyer include review of the contract to purchase, title examination and issuance of owner's and mortgagee's title insurance policies, preparation of mortgage documents if necessary (or the review of them), negotiation with seller's attorney regarding any issues that require resolution before the closing and representation at the closing including acting as settlement agent for buyer's lender.

When representing sellers, our lawyers prepare the real estate contract (for sellers selling their own homes) or review the contract for sale (for sellers using a real estate agent to sell their homes). We also prepare all of the seller's closing documents, securing payoff letters from the seller's mortgagees and releases of mortgage, negotiate with buyer's attorney regarding any issues that require resolution before the closing and represent the seller at the closing.

There are often other services a buyer or seller needs. A common example is the seller who needs an extra period of time after the closing to move out of the property. In that case and assuming the buyer is willing to let the seller remain in occupancy the extra period, we negotiate the terms of the occupancy, the amount of any occupancy charge or rent the seller is required to pay and the amount of an escrow to be held to ensure that the seller will move by the date the parties have agreed. All of these terms are put in an occupancy agreement that the parties sign at the closing.

Another example is a buyer who needs more time to complete a house inspection or to obtain a mortgage. Working with the realtor, we help arrange and, in many instances, write an amendment to the contract extending the time period to complete an inspection or obtain a mortgage.

Communication is key to successful real estate transactions. Our lawyers and staff communicate with clients, lenders, brokers, relocation offices, insurance agents and companies.

Commercial real estate

Our attorneys have extensive experience in representing buyers and sellers and owners and tenants of commercial and multifamily real estate.

Our services for buyers include assisting buyers with negotiation of terms of the purchase, drafting the purchase and sale agreement and obtaining mortgage financing; title examination and issuance of both owner's and mortgagee's title insurance policies; assisting buyer with arranging for real estate appraisal, environmental inspection, review of existing leases and other items constituting buyer's due diligence; negotiation with seller's and lender's representatives; assistance obtaining state and local permits and approvals, if needed; forming a new business entity such as a limited liability company or corporation or partnership to own the real estate; and representing the buyer at the closing.

For sellers, our services include assisting seller with buyer negotiations, drafting the purchase and sale agreement, reviewing and resolving any title issues raised by buyer's attorney, assisting seller with gathering and presenting items in seller's possession comprising buyer's due diligence. Our attorneys will prepare all of the seller's closing documents including payoff letters and lien releases and represent the seller at the closing.

Often, issues arise after physical or environmental inspection of the property has occurred. Our lawyers deal with state and local officials, environmental engineers and representatives of the other party to the transaction in order to resolve the identified problems.

If the issue is with leasing of space or a building, our attorneys have extensive experience representing both owners and tenants of commercial buildings and shopping centers leasing retail space, industrial buildings, apartment houses and offices.

Real estate development

Our lawyers have represented real estate developers and contractors for many years. Some of the different kinds of projects our clients have developed include multi-lot subdivisions, condominium and planned residential communities, shopping centers and industrial buildings.

Our lawyers represent builders, contractors and developers in land use and zoning before state and local land use agencies; negotiate terms of loan documents, bonds, contracts and leases with municipalities, lenders, buyers and tenants; review and prepare construction contracts and other documents; and represent our clients at the closing of their loans, sales, purchases or leases.

Real estate litigation

Our lawyers represent many clients who need to enforce their property rights in court or before land use or other administrative agencies.

Examples of real estate issues litigated by our firm include boundary line and right-of-way disputes; foreclosures; suits on behalf of owners and purchasers of real estate against builders, sellers, agents and others who may have wronged them; landlord-tenant disputes; representation of owners whose property is subject to governmental taking (eminent domain); and partition actions.

Lenders and title insurance companies

Our lawyers have represented many residential and commercial lenders. Our lawyers assist lenders with working capital, permanent term, asset-based lending and other types of loans they have made to businesses. We have extensive experience utilizing Sections 2, 3 and 9 of the Uniform Commercial Code.

Our lawyers perform residential closings for numerous Connecticut and national lenders including but not limited to Liberty Bank, Webster Bank, People's United Bank, New Alliance Bank, McCue Mortgage Company, Fifth Third Mortgage Company, J. P. Morgan Chase, Wells Fargo, Countrywide, GMAC and GE Credit. We also close government loans such as FHA, VA, CHFA and DAP, as well as new construction loans.

Our law firm is licensed to issue title insurance policies for many companies including Connecticut Attorneys Title Insurance Company, First American Title Insurance Company, Land America Lawyers Title and Ticor Title Insurance Company.

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