Your Tennessee Real Estate Legal Guide
Jay Johnson Law Firm helps buyers, sellers, lenders, landlords, and property owners across Tennessee with practical, transaction-focused real estate legal services. We assist with residential and commercial closings, title examinations, deed preparation, lease review, and dispute resolution. Our approach emphasizes timely communication, clear explanation of options, and managing the legal steps that lead to a clean closing or effective resolution of a dispute. Whether a matter calls for a limited review or full transaction management, we tailor our work to fit the client’s goals, budget, and the specific facts of each property matter.
Real estate matters often involve significant financial and legal consequences, so careful legal attention can prevent costly mistakes. From uncovering title defects to clarifying contract contingencies and coordinating with lenders or title companies, a well-managed legal process reduces risk and moves transactions toward successful closings. For disputes, a clear strategy for negotiation or litigation protects your ownership interests and financial position. Our team focuses on practical, local solutions in Tennessee, offering straightforward guidance so you understand options, likely timelines, and what to expect at each stage of the process.
Why Sound Real Estate Legal Guidance Matters
Proper legal involvement in a real estate matter protects ownership rights, prevents title surprises, and ensures documents accurately reflect the parties’ intentions. Legal review can identify liens, encumbrances, and deed defects that threaten marketable title, and can craft contract language that allocates risks fairly between buyer and seller. For lenders and landlords, careful review of financing terms or lease provisions helps avoid future disputes. When problems arise, an attorney can negotiate resolutions or pursue remedies in court. The overall benefit is reduced likelihood of post-closing litigation, clearer transaction outcomes, and stronger protection for your investment.
About Jay Johnson Law Firm and Our Real Estate Practice
Jay Johnson Law Firm handles Tennessee real estate matters with a focus on practical results. Our attorneys regularly manage residential and commercial transactions, conduct title examinations, address boundary and easement issues, and represent clients in disputes when resolution through negotiation is not possible. We emphasize timely updates, transparent fee discussions, and a problem-solving approach that prioritizes cost-effective outcomes. Our local knowledge of Tennessee recording procedures and common regional title issues supports smoother closings and informed decision making for clients throughout the state.
Understanding Real Estate Legal Services in Tennessee
Real estate legal services span a range of activities from limited-scope contract review to comprehensive transaction management and litigation. Limited engagements might include reviewing a purchase agreement or advising on a lease, while broader representation could involve coordinating title curative work, negotiating complex contract terms, preparing deeds, and overseeing closing logistics. Attorneys frequently work with title companies, lenders, surveyors, and other parties to clear issues that could block a transfer of ownership. Clear communication and prompt delivery of documents and information are key to keeping transactions on schedule and avoiding avoidable delays.
Determining the appropriate level of legal involvement depends on transaction complexity, the presence of title issues, financing arrangements, and the client’s tolerance for risk. For straightforward sales with established title and experienced agents, a targeted review and closing attendance may be adequate. In contrast, transactions with unresolved liens, boundary disputes, or potential litigation typically benefit from full representation. An initial consultation helps identify immediate risks, propose a scope of work, and provide an estimate of likely costs and timelines so clients can make informed decisions about how to proceed.
What We Mean by Real Estate Legal Services
Real estate legal services cover the legal tasks necessary to transfer or protect property interests. Typical duties include performing title searches, preparing and reviewing deeds and contracts, advising on financing terms, negotiating with other parties, drafting curative documents to resolve liens or defects, and representing clients at closing or in court. The role also includes coordinating with lenders and title professionals to ensure required conditions are met and that documents are ready for recording. These services protect the legal rights of buyers, sellers, lenders, and property owners throughout a transaction or dispute.
Key Elements and Typical Processes in a Real Estate Matter
Most real estate matters follow a sequence of common steps: an initial client intake, document collection, title and contract review, negotiation of terms or curative steps, coordination with title companies and lenders, and finally closing or dispute resolution. Effective case management emphasizes early identification of defects or unfavorable contract language and prompt communication with all involved parties. For transactions, ensuring the timely exchange of deeds, surveys, inspections, and financing paperwork is essential to avoid delays. For disputes, documenting claims and negotiating settlement options often avoids protracted litigation while protecting client rights.
Key Terms and Glossary for Tennessee Real Estate
Understanding common real estate terms helps you navigate transactions and make informed decisions. Below are concise, practical definitions for terms frequently encountered in Tennessee property matters, including title search, closing, deed, and easement. Clear definitions make it easier to recognize issues early, ask the right questions, and follow the steps needed to secure marketable title and a successful closing. When questions arise about terms or their implications for your transaction, we provide plain-language explanations and recommended actions based on the specifics of your situation.
Title Search
A title search reviews public records to determine the chain of ownership and to identify liens, judgments, encumbrances, or other matters that could affect the buyer’s rights to the property. This process helps reveal recorded mortgages, easements, outstanding taxes, or prior claims that require resolution before a clean transfer of title. The search informs whether additional curative steps are needed, such as obtaining releases, preparing corrective deeds, or negotiating settlements with lienholders. A thorough title review is a key step toward an insurable and marketable transfer of property.
Deed
A deed is the written instrument that transfers ownership of real property from one party to another. For a deed to be effective, it must be properly executed, signed, and often notarized, then recorded with the appropriate county office to provide public notice of the change in ownership. Different deed types allocate different levels of protection or warranties about title, so choosing and drafting the correct deed language affects future rights and liabilities. Ensuring a deed is recorded properly prevents future disputes over ownership.
Closing
The closing is the final step in a real estate transaction when documents are signed, funds are transferred, and the deed is delivered and recorded, completing the legal conveyance of property. Closings also involve verifying payoff amounts, ensuring liens are released as required, and confirming that funds are disbursed correctly. An attorney’s participation at closing can guard against last-minute issues, confirm that instruments are executed as intended, and ensure recording and disbursement processes are completed to finalize the transaction.
Easement
An easement is a legal right granted to a third party to use a portion of land for a specific purpose, such as access, utilities, or drainage. Easements can be recorded or implied and may limit how a property owner uses the affected portion of land. Understanding existing easements is important for development plans, property improvements, or sale negotiations. Resolving disputes about the scope or location of an easement often requires document review, survey coordination, and negotiation to clarify rights and responsibilities.
Comparing Limited Scope Services and Full Representation
Limited-scope services are designed for targeted needs like contract review or a single closing attendance and can be cost-effective for routine transactions with clear title. Full representation provides comprehensive management of a transaction, including title curative work, negotiation of complex terms, and litigation when disputes arise. The decision between limited or full services depends on the complexity of the transaction, any discovered title issues, potential for disputes, and the client’s tolerance for risk. Early conversations about scope help align legal resources with the client’s goals and budget.
When Limited Legal Help May Be Appropriate:
Simple Document Review
A limited review is often sufficient if you need a lawyer to analyze a purchase contract, lease, or disclosure and to explain legal implications and available options. This approach works well when the property has a clean title history, financing is straightforward, and the parties are cooperative. Limited engagements offer focused advice without the cost of full transaction management, and they can help you avoid common contract pitfalls by clarifying contingencies, deadlines, and obligations before you commit to the deal.
Routine Closings
Routine residential transactions with standard financing and experienced agents often proceed smoothly with only minimal attorney involvement beyond a targeted document review and presence at closing. When searches show no significant title issues and inspections are satisfactory, limited assistance can streamline costs while still providing legal oversight. The attorney can confirm deed language, ensure closing statements are accurate, and advise on any last-minute concerns that emerge during the finalization of the sale, reducing the risk of preventable mistakes at closing.
Why Full Representation Is Advisable in Complex Matters:
Complex Title or Boundary Issues
When title defects, unresolved liens, boundary disputes, or easement conflicts are present, comprehensive representation helps by coordinating a full title cure plan, negotiating with lienholders, preparing corrective instruments, and managing communications with surveyors and title companies. These matters require detailed legal work and persistent follow-through to ensure issues are resolved before closing or are otherwise addressed through negotiated settlement. Comprehensive service reduces the chance of post-closing surprises that could jeopardize ownership or result in additional expense later.
Litigation or Contested Transactions
If a transaction involves breaches, contested closings, uncooperative parties, or claims that cannot be resolved by negotiation, full representation ensures a coordinated approach to advocacy and resolution. Litigation or formal dispute resolution often requires filing pleadings, taking discovery, and presenting legal positions in mediation, arbitration, or court. Having consistent representation allows for strategic decisions that protect your contractual and property rights while pursuing the most efficient path to a favorable outcome, whether through settlement or adjudication.
Benefits of a Comprehensive Real Estate Approach
A comprehensive approach reduces surprises by thoroughly examining title history, contract terms, and property records before closing. By addressing defects early, preparing proper deed language, and ensuring recording requirements are met, comprehensive representation protects against post-closing liabilities and unexpected expenses. This approach also supports smoother closings by coordinating with lenders, title companies, and other parties to ensure conditions have been satisfied and documents are ready for recording, minimizing the risk of last-minute delays.
Comprehensive representation adds value through proactive problem solving and stronger negotiation. An attorney handling all aspects of a transaction can negotiate favorable terms, secure releases of liens, and draft enforceable agreements that reflect the client’s objectives. If disputes arise, the attorney is already familiar with the matter’s history and can move quickly to enforce or defend rights, saving time and improving the chances of a satisfactory resolution. Overall, this approach balances risk management with practical steps to preserve the property’s long-term value.
Thorough Risk Management
Thorough risk management means detailed due diligence, early discovery of title or contract issues, and a clear plan to resolve problems before they create costly delays. By assembling necessary documents, coordinating with title companies and surveyors, and preparing curative instruments when needed, comprehensive representation reduces the chance of surprises that can derail a closing or create post-closing disputes. Clients benefit from predictable timelines, documented resolutions, and an overall reduction in the potential for future litigation related to the transaction.
Stronger Negotiation and Enforcement
When an attorney manages negotiations and potential enforcement actions from start to finish, it strengthens the client’s position at the bargaining table and in any subsequent dispute resolution. The attorney can prepare persuasive documentation, negotiate with lienholders or opposing parties, and, if necessary, pursue remedies in court. This unified approach ensures that negotiation strategies align with legal remedies, increasing the likelihood of favorable settlements and providing continuity if the matter proceeds to litigation or other formal enforcement measures.
Practice Areas
Top Searched Keywords
- Tennessee real estate attorney
- Hendersonville real estate lawyer
- title search Tennessee
- real estate closing attorney
- property dispute lawyer Tennessee
- title defect resolution
- commercial lease review Tennessee
- deed preparation Hendersonville
- real estate litigation Tennessee
Pro Tips for Working with a Real Estate Attorney
Gather Documents Early
Providing deeds, surveys, inspection reports, loan paperwork, and contracts at the outset enables a timely and thorough review. Early document delivery allows us to identify title issues, problematic contract terms, or financing conditions that could delay closing. When documents are organized and shared promptly, we can prioritize required curative tasks and coordinate with title companies and lenders to keep the transaction on schedule. This preparation reduces surprises and supports clear advice on next steps and timing.
Clarify Fees and Scope Up Front
Communicate Changes Immediately
Notify your attorney right away about new offers, inspection findings, financing changes, or notices affecting title so we can respond quickly and protect your position. Prompt updates allow for rapid reassessment of risk and for negotiation adjustments before problems escalate. Fast communication also helps preserve critical timelines, avoids missed deadlines, and ensures the legal strategy remains aligned with your current objectives and the evolving facts of the transaction.
Reasons to Consider Hiring a Real Estate Attorney in Tennessee
A real estate attorney helps protect legal and financial interests by verifying clear title, drafting and reviewing transaction documents, and ensuring that contract terms reflect your intentions. Local counsel is especially helpful for understanding Tennessee recording procedures, market practices, and county-level requirements for deeds and liens. An attorney can also propose practical solutions to title defects, negotiate with opposing parties, and recommend whether limited-scope assistance or full representation best fits your transaction and risk tolerance.
Even routine transactions can benefit from legal review to prevent oversights such as missing contingencies, ambiguous deed language, or inaccurate payoff instructions. When disputes arise, having a legal advocate who knows the transaction history and applicable law accelerates resolution and preserves evidence. Whether you are buying a home, selling property, resolving a lien, or dealing with lease issues, engaging legal services early reduces the likelihood of costly post-closing complications and promotes a more predictable path to closing or settlement.
Common Situations Where an Attorney Is Helpful
You will commonly need an attorney when buying or selling property, addressing title defects or liens, resolving boundary or easement disputes, negotiating complex leases, or handling foreclosure-related matters. Attorneys also assist with short sales, estate-related transfers, and multi-party closings that require careful coordination. In each of these circumstances, legal review and representation help identify issues early, propose practical solutions, and execute the documents or litigation steps needed to protect your rights and advance your objectives.
Buying or Selling a Home
When buying or selling a home, an attorney reviews purchase agreements, negotiates contingencies, coordinates title work, and attends closings to ensure the transaction completes according to the agreed terms. This work includes confirming deed language, ensuring payoff of existing liens when required, and reviewing final settlement statements so funds are distributed correctly. An attorney’s involvement reduces risk of clerical errors and ensures that legal requirements are followed to finalize the transfer of ownership accurately.
Title Problems and Liens
If title searches reveal unknown heirs, outstanding liens, judgments, or other encumbrances, an attorney develops a remediation plan to clear title. This can involve negotiating releases with lienholders, preparing corrective deeds, obtaining affidavits, or filing quiet title actions when necessary. Resolving these matters before closing is important to maintain a marketable and insurable title, and an attorney coordinates the steps required to secure a clean transfer.
Disputes, Boundary and Easement Issues
Boundary disagreements, seller breaches, deposit disputes, and easement conflicts may require negotiation or litigation to protect property rights. An attorney will attempt resolution through correspondence, mediation, or settlement when possible, and will pursue court remedies if negotiation fails. Legal representation ensures documentation is preserved, claims are asserted in a timely manner, and appropriate relief is pursued to protect ownership interests and property use.
Your Hendersonville Real Estate Attorney
We provide responsive legal assistance for buyers, sellers, lenders, landlords, and businesses across Hendersonville and the wider Tennessee area. Contact us for a focused consultation so we can review your documents, identify immediate risks, and outline recommended next steps. We prioritize clear communication, timely updates, and practical strategies tailored to each client’s situation to move matters toward successful closings or effective resolutions of disputes. Our office is available to help coordinate title work, negotiate on your behalf, and protect your property interests.
Why Hire Jay Johnson Law Firm for Your Real Estate Matter
Jay Johnson Law Firm combines a practical understanding of Tennessee real estate processes with hands-on experience managing closings, title cures, and property disputes. We focus on delivering clear guidance about options, likely timelines, and potential costs so clients can make informed choices. Our approach emphasizes responsiveness, transparent communication, and cost-conscious strategies to achieve outcomes that protect your investment and align with your goals.
Our attorneys handle coordination with title companies, lenders, surveyors, and other counsel to ensure conditions are met and to avoid last-minute surprises at closing. For matters that require negotiation or litigation, we prepare and pursue resolution strategies intended to protect your rights and financial interests. We also provide straightforward explanations of legal issues in plain language, ensuring you understand implications before you decide how to proceed.
From routine residential closings to complex commercial matters and contested disputes, we tailor the scope of representation to the needs of each client. Our goal is to provide practical, effective legal assistance that minimizes delays, manages costs, and secures favorable transaction outcomes or resolutions. Reach out to schedule a consultation and receive a clear plan for moving your matter forward in Tennessee.
Ready to Discuss Your Real Estate Matter?
How the Real Estate Legal Process Works at Our Firm
We begin with a focused intake to understand your objectives, gather relevant documents, and identify immediate risks or deadlines. After reviewing contracts, title reports, surveys, and any related paperwork, we propose a plan that may include negotiation, title curative actions, closing coordination, or litigation if necessary. Throughout the matter we provide clear milestones and regular updates so you know what to expect, who is responsible for each task, and how timelines may change as issues are addressed.
Step 1 — Initial Consultation and Document Review
The first phase involves a detailed intake, collection of relevant documents, and careful review of contracts, title commitments, surveys, and other materials. This step identifies immediate concerns, deadlines, and potential curative requirements. Based on this review we propose a recommended scope of representation and an estimated timeline for resolving issues and completing the transaction or addressing the dispute.
Case Intake and Goal Setting
During intake we gather facts, parties involved, deadlines, and your objectives to shape a work plan that prioritizes immediate risks and contingencies. Clear notes on desired outcomes and timeline constraints let us tailor the approach to meet practical needs while protecting rights and preserving options throughout the process.
Contract and Title Examination
We examine purchase agreements, title commitments, surveys, and financing documents to flag defects, unfavorable contract provisions, or title encumbrances that require action. Identifying these issues early allows for timely negotiation or curative steps to keep the transaction on schedule and preserve the parties’ agreed terms.
Step 2 — Negotiation and Problem Solving
After the initial review, we engage with sellers, buyers, lenders, title companies, and other counsel as needed to negotiate repairs, title cures, contract amendments, or settlement terms. This stage focuses on resolving identified issues efficiently and coordinating with third parties to obtain releases, corrective deeds, or amended documents necessary for a clean closing.
Negotiations with Other Parties
We negotiate on your behalf with agents, lenders, title companies, and opposing counsel to protect contractual rights and financial interests. This includes drafting proposed language, presenting settlement positions, and coordinating the steps required for acceptance and implementation of agreed solutions.
Resolving Title and Survey Issues
Resolving title or survey issues may involve working with lienholders to obtain releases, coordinating new surveys, preparing corrective instruments, or filing quiet title claims when appropriate. The goal is to clear clouds on title and secure a marketable right to transfer ownership with minimal delay.
Step 3 — Closing Support or Litigation
Once negotiations and curative steps are complete, we support a smooth closing by reviewing final documents, verifying payoff and disbursement figures, and ensuring proper recording. If disputes remain unresolved, we proceed with litigation or alternative dispute resolution to enforce or defend property rights and contractual obligations, pursuing remedies appropriate to the situation.
Closing Attendance and Final Review
At closing we verify that all agreed conditions have been met, review documents for correct execution, confirm disbursement instructions, and ensure the deed and related instruments are recorded properly. This final review protects your interests and confirms that the legal transfer is completed as intended.
Litigation and Enforcement When Needed
If negotiation does not yield resolution, we prepare pleadings, pursue discovery, and advocate in mediation, arbitration, or court to enforce or defend property rights. This process is managed with attention to cost-effective strategies and the likely outcomes to achieve the best available resolution for the client.
Frequently Asked Questions About Real Estate Legal Services
What does a real estate attorney do?
A real estate attorney handles legal matters related to property transactions and ownership. That includes reviewing and drafting purchase contracts, examining title records for liens and encumbrances, preparing deeds, negotiating contract terms, and coordinating closings. Attorneys also communicate with lenders, title companies, surveyors, and other parties to ensure required conditions are met and documents are ready to record. When disputes arise after a transaction, a lawyer may pursue negotiation, settlement, or litigation to protect legal and financial interests. In addition to transactional work, the attorney may prepare documents needed to clear title and advise on implications of contract language. An attorney focused on real estate helps clients understand legal risks, propose practical solutions, and carry out the procedural steps necessary to complete a transfer or defend property rights. This includes outlining timelines for curative work, drafting settlement terms if claims are contested, and representing clients at closing or in court when disputes persist. Clear communication about likely costs and timelines is provided so clients can make informed choices about the level of legal involvement they want.
When should I consult a real estate attorney?
You should consult an attorney when there are title defects, unclear ownership, complex financing arrangements, commercial lease issues, boundary or easement concerns, or any dispute that might lead to litigation. First-time buyers often benefit from legal review of contract terms, contingencies, and closing procedures to avoid oversights. Even routine transactions can have hidden risks that an attorney can identify and address early in the process. Discussing objectives and potential legal exposure in an initial consultation helps determine the appropriate scope of representation. An early consultation also clarifies potential timelines and likely fees, enabling you to budget and plan more effectively. When time-sensitive matters arise, quick legal input can prevent missed deadlines and protect negotiation positions. If problems are identified, the attorney can propose a remediation plan or suggest whether limited guidance or full representation best serves your goals.
How are fees structured for real estate services?
Costs for real estate legal services vary depending on the scope of work. Limited-scope services, such as a contract review or single appearance at closing, are commonly offered for a flat fee or lower hourly charge. Comprehensive representation for complex transactions, title cures, or litigation is typically billed hourly or under a higher flat fee arrangement. During an initial consultation we describe likely fees and billing practices so you understand what is included and what might generate additional charges. We provide estimates based on the tasks required and communicate about cost expectations as the matter progresses. Transparent fee discussions help clients choose a scope that fits their budget while achieving necessary legal protections. When possible, we recommend cost-conscious strategies and keep clients informed about alternatives to minimize unnecessary expense.
Can attorneys clear title issues and liens?
Yes. Attorneys perform title searches to identify liens or encumbrances and then take steps to resolve them. Common curative actions include negotiating releases with lienholders, preparing and recording corrective deeds, obtaining affidavits or estoppel statements, and coordinating with title companies to secure an insurable title. For complicated issues, more involved procedures such as quiet title actions may be necessary to clear title permanently. Attorneys guide clients through the required documentation, negotiation, and, if needed, litigation to clear the way for a marketable transfer. Clearing title is critical to avoid post-closing disputes and to ensure the property qualifies for title insurance. When title problems are discovered, prompt action reduces the risk of closing delays and mounting costs. Attorneys work with lenders, title companies, and other parties to complete the required steps and to document resolutions in a way that protects clients going forward.
Is an attorney required for residential closings in Tennessee?
In Tennessee, an attorney is not always legally required for a residential closing, but many clients choose to hire one to review contracts, verify title, and attend closing to avoid mistakes. Even when not required, having an attorney involved can prevent oversights such as improper deed execution, incorrect payoff instructions, or missing contingencies. For transactions with title issues, unusual contract terms, or potential disputes, attorney involvement is particularly advisable to protect legal and financial interests. An attorney attending closing can ensure documents are properly executed and recorded, confirm disbursement of funds, and address last-minute concerns. For clients who prefer limited legal input, a targeted review and guidance at critical points may be sufficient. We discuss appropriate involvement based on the transaction’s complexity and the client’s need for protection.
How long does a typical closing take?
Closing timelines depend on financing, title clearance, inspections, and negotiation progress. Typical residential closings take roughly thirty to sixty days from contract ratification when financing and title work proceed without complication. Delays commonly occur when title defects, financing issues, or needed repairs arise. Timely document exchange and proactive communication among parties reduce the likelihood of delays and support a smoother closing process. Commercial transactions and matters requiring title cures or litigation may take longer due to additional due diligence and negotiation. We provide timeline estimates after the initial review and update clients when new information or obstacles affect anticipated closing dates. Regular communication helps align expectations and plan for contingencies.
What documents should I bring to my first meeting?
Bring any purchase or sale contracts, title commitments or title insurance policies, surveys, inspection reports, property disclosures, loan documents, and identification to your first meeting. These documents allow us to assess legal risks quickly and provide actionable guidance. Also be prepared to outline your goals, timeline, and any concerns so we can prioritize tasks and recommend a clear plan of action tailored to your matter. Having complete and organized documentation speeds the review process and helps identify curative steps if title issues or problematic contract provisions exist. If you are unsure which documents are relevant, bring everything related to the transaction and we will sort and identify what is needed to move forward efficiently.
Can one attorney represent both buyer and seller?
Representing both buyer and seller in the same transaction creates a potential conflict of interest and is generally discouraged without full disclosure and informed consent. In many cases we will decline dual representation to preserve impartial advocacy and to avoid compromising either party’s rights. Separate counsel for each party ensures independent advice and clear protection of individual interests during negotiation and closing. If both parties request joint representation and it is ethically permissible, we explain the risks and set clear, written limits on the scope of that representation. Often the best practice is for each side to seek independent counsel so that negotiations and contract terms reflect separate, fully informed decisions.
How do you handle disputes before going to court?
We initially attempt to resolve disputes through negotiation, correspondence, and mediation, documenting claims and presenting settlement proposals where appropriate. Clear demand letters and organized documentation often lead to voluntary resolution without the need for court intervention. This approach saves time and expense while protecting the client’s rights and preserving avenues for later enforcement if needed. If voluntary resolution fails, we pursue formal remedies by filing an action in court, seeking injunctive relief, or asserting contract or property claims. Litigation strategy focuses on the most cost-effective path to relief while preserving evidence and protecting deadlines. We prepare pleadings, manage discovery, and advocate for settlement or trial as warranted by the client’s objectives.
How do I get started with Jay Johnson Law Firm?
To get started, contact our office to schedule an initial consultation where we review your documents and discuss options and fees. During the intake we identify immediate risks and propose a recommended scope of representation aligned with your goals and timeline. Once you engage us, we promptly begin document review, title examination, and communications with relevant parties to move the matter forward efficiently. We provide clear next steps and milestones so you know what to expect and who will handle each task. Our goal is to begin problem-solving quickly and to keep you informed throughout the process so decisions can be made with confidence and progress is maintained toward closing or resolution.