does buyer need real esrate attorney when purchasing cash

by Ralph Schultz 7 min read

When it comes to buying and selling property, a real estate attorney can either represent the buyer or the seller. One attorney cannot do both. And when the buyer needs to borrow money for a mortgage, the real estate attorney who does the closing doesn’t represent either the buyer or the seller, but rather the lender.

When a person is ready to buy or sell real property, a real estate attorney can represent the buyer or the seller but not both. Representing both is not allowed because it could lead to a conflict of interest.7 days ago

Full Answer

Do you need a real estate attorney to buy or sell?

Does a Home Seller Need an Attorney for a Cash Deal?. A real estate contract is complicated. Unless you’re a licensed real estate agent, an attorney or well-versed in …

Can a buyer and seller hire the same real estate attorney?

Why hire an attorney when buying a home?

Do I need a lawyer when buying a home in California?

When should I hire a real estate attorney?

A Lawyer for Real Estate will make sure that the seller has clear and transferable ownership right over the property that he or she is selling. There should be no pending litigation on the property and the title should be transferable.

Do I need a real estate attorney to buy a house in Florida?

Under Florida law, a buyer doesn't need a lawyer to complete a real estate transaction. However, retaining an attorney at the beginning of the process often prevents a buyer from taking legal action after the deal is done.

Does Florida require a closing attorney?

In the State of Florida, it is not mandatory for the buyer or the seller to hire a real estate attorney for the closing of the sale of residential real property. Many operations are conducted through negotiations between the parties; real estate agents, and the involvement of a title company.

Is Florida a title or attorney state?

Several east coast states are attorney states: Georgia, South Carolina and North Carolina. Some states, such as Florida, are “Title Company States” that do not require an attorney to close loans or purchases as long as the closing includes title insurance.Oct 5, 2020

Dealing with Contracts and Other Paperwork

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Buying a home can be complicated; the oversight and assistance of an attorney can help the process go more smoothly, at every step of the way. When you purchase a home, one of the most important considerations is the veritable mountain of paperwork that is going to accompany your transaction. As a buyer,
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Handling Negotiations and Resolving Disputes

  • A real estate broker can help in many ways throughout the real estate transaction – but it’s essential to remember that they cannot provide legal counsel. Only an attorneycan represent you in this way. As you move forward with the goal of purchasing a home, your attorney will be your advocate, negotiating on your behalf and with your best interest at heart. Throughout the proces…
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Performing A Title Search

  • In order for a home to be sold, it must be determined that the seller has a clear title on the home, and can transfer it to the buyer without any complications or issues. A real estate attorney can help coordinate and conduct a title searchin order to determine if there are any outstanding issues – such as mortgages, liens,disputes, or judgments on the property – that need to be addressed i…
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Handling Filings and Recordkeeping

  • Much of the paperwork that comes along with a real estate transaction will need to be recorded, often at the county and state level. An attorney can help ensure that this important step goes off swiftly and efficiently, so that the transfer of property is legal and binding.
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Addressing Financial Questions and Considerations

  • A real estate attorney can also be a useful resource when it comes to understanding and managing many of the financial aspects of your real estate transaction, including questions or considerations about property taxes, HOA assessments, and so on. In many cases, your real estate attorney may also take responsibility for handling monies at different steps along the way…
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Coordinating The Closing

  • Generally, attorneys will be responsible for calculating a closing statement, and will assume responsibility for scheduling the details of the closing meeting, including the date, time, and location. In addition, they will be responsible for thoroughly communicating all of the relevant information to their clients, including matters relating to cash flow,closing costs, and more. At th…
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The Bottom Line on Buying A Home

  • At the end of the day, it’s important to remember that there’s a lot that goes into buying or selling property in Chicagoland – from processing purchase and sale agreements, to handling title paperwork, to navigating the development, zoning, and tax laws unique to our area. And while the process is often similar, no two real estate transactions are ever going to be exactly alike! As yo…
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