Carla Ness' Blog
If you’re buying a home, most likely, you’ll want to have a real estate attorney. The attorney will serve a couple of different purposes, namely, to protect you in the purchase of a home.
Real estate attorneys provide legal advice related to the purchase of a home. An attorney’s duties include:
- Reviewing and revising the purchase and sale agreement (referred to as the P&S)
- Negotiating the P&S with the seller’s attorney
- Adding riders to protect your interests
- Ensuring you meet contingency dates
- Helping the buyer to understand zoning laws
- Helping the buyer to understand ownership interests
If there’s a dispute during the sales process, you’ll be quite happy to have an attorney on your side. The attorney can provide advice based on your legal rights and legal obligations under any contracts that you have signed.
The bottom line is that your attorney will have your best interests in mind. In everything from ownership issues to disputes and how they will impact your ownership in the property, your attorney will be there to give you the most pertinent advice. There are numerous situations that can come up when it comes to buying a home. It’s impossible to anticipate them all. You don’t want to end up owning problems that you didn’t create, or were unaware of.
Coordinating With Other Attorneys
As a buyer, your attorney will coordinate with other attorneys involved in the sales process. This includes the seller’s attorney and the attorney that will be responsible for the closing on the sale of the home. Your attorney will make sure that all other parties have followed through to resolve any issues that may arise in a timely manner. Your attorney can actually become the closing attorney under certain circumstances, but they will at least be present at the closing.
The Closing Attorney
The closing attorney is the one who is responsible for many different tasks before and during the closing on the sale of the home. These tasks include:
- Searching the title
- Resolving title issues
- Issuing the title insurance
- Obtaining the payoff amounts for any outstanding mortgages or leins
- Ensuring taxes and any other city or town related bills have been paid
- Preparing closing fees on the settlement statement
- Explaining documents that will be signed at closing by both the buyer and the seller
Buyers in different states have different rights as to who they can choose as their closing attorney. In a technical sense, the closing attorney represents the lender. It’s a good idea to have your own buyer’s representation at closing.
Attorneys have a duty to keep their clients‘ information confidential and also to keep their best interests in mind. If an attorney is representing both the buyer and the lender, you will most likely receive a form of written consent, notifying you of this matter.
There’s a lot going on legally during the purchases of a home, so be sure you get recommendations and find the right attorney who will represent you as a buyer.