What is the role of a Real Estate attorney when buying a home?

In a real estate transaction, the only person qualified to give legal advice is a real estate attorney. One of the greatest benefits of hiring a real estate lawyer to represent you in your real estate transaction is that the attorney has an ethical obligation to work on behalf of your best interest.

Hiring a real estate lawyer before you sign a purchase contract is ideal since an attorney will be able to help you avoid potential problems and safeguard your interests with regards to the contract and that will ensure that your home-buying experience is smoothly and any issues are resolved prior to closing. The real estate lawyer will also work with your mortgage loan officer, the home seller’s attorney and agents to make sure that dates are set for attorney approval, home inspection, mortgage commitment and other contingencies.

Your real estate lawyer will also review important documents, including the deed, bills of sale (for personal property, such as appliances) legal descriptions, mortgage loan documents, plat of survey, and title and title insurance policy.

Some of the services a real estate attorney provides for the client are:

  • To review contracts and ensure that all provisions and contingencies are in the best interest of the client
  • Inform the client of his or her legal rights and obligations
  • Obtain a title search to evaluate title and clear any title defects
  • Prepare and/or review the closing statement and all other closing documents
  • Interpret and advise regarding all legal documents related to the transaction, including deeds, mortgages and closing statements
  • Check for unrecorded municipal liens, including sewer and special assessment liens
  • Prepare a bill of sale to cover any personal property that will be included in the sale of the property

 

In most states, attorney’s can change legal language in a purchase contract, void a purchase contract under state laws and negotiate expenses on unpaid prorated expenses due to you from the seller, such as property taxes, condominium assessments and utilities. Real Estate Attorneys don’t typically counsel home buyers through the purchase negotiations, but you can ask yours for assistance. Most real estate lawyers also get the deed, so they can review it before giving it to you. The reason for this is that sometimes there are misspelled names and other errors in the legal description.

Only an experienced professional, who is closely familiar with these documents, can catch all the problems or mistakes and save you future expenses to correct them. Once you begin to go through the process and understand the steps and procedures, you will be glad that you have another seasoned pair of eyes looking out for your legal interests.

A real estate attorney or real estate lawyer can save you time, money, and headaches during the purchase of your home.


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