how long does it take an attorney to complete documents to sale a house

How long does it take to finalize the purchase of a house?

How long is the closing process?

What are the 4 steps in the closing process?

What is the order of the closing process?

What are the typical fees, disbursements and other payments?

Legal Fees, HST, Title Search, Property Tax Certificate, Photocopies, Registration Fees, Land Transfer Tax, Title Insurance, Zoning and work order searches (where applicable), mortgage insurance such as CMHC.

Terms used in a typical real estate transaction

Below are some terms and a basic description of what they mean. The definitions are not full and complete, but, they will help a buyer or seller understand the terms.

What do you pay when you sell your home?

When you sell your home, you have to pay fees . The fees include your real estate agent’s commission, your outstanding mortgage balance, property taxes, homeowners insurance, and more depending on your situation.

What can a real estate attorney do?

A real estate attorney can walk you through complicated situations and minimize the blow to your home sale and your personal assets. Some situations that pose issues that could derail the sale are: You’re selling the house from a trust. You’re selling the house to your kids or other family members.

What does a closing attorney do?

A closing attorney will tackle any contractual dispute or legal issues that come to light during the closing process. And even if zero problems arise, the attorney will draft and review every document line by line for accuracy. Once you have finalized the Purchase and Sale Agreement, the document that details the terms of the offer you’ve accepted, ...

What happens if an issue comes up before closing?

If and when an issue comes up before closing, you’ll have to resolve it before you can move forward. The alternative is that the entire home sale could fall through.

What happens if you accept an offer on a house?

Once you’ve accepted an offer, the escrow agent, title company or buyer’s agent will order the title report for your house. Instantly, you could face an array of title issues, including trust complications, unpaid balances from lenders, property taxes, and more–—all of which could take months to clear.

What documents do you need to open an escrow?

Once you open escrow, your escrow officer will send documents to fill out which include the grant deed, state-specific forms, the property information statement, and more. Your closing attorney will guide you through this paperwork and be able to identify any mistakes before you sign it.

What are the issues that could derail a house sale?

Some situations that pose issues that could derail the sale are: You’re selling the house from a trust. You’re selling the house to your kids or other family members. You have liens and judgments on your title. You have tenants living on the property. You are selling the house due to divorce.

What to do when selling a house with an uncooperative partner?

The attorney can help you negotiate the sale with an uncooperative partner. An attorney will also be able to you determine what your legal rights are (and those of your spouse) during the selling process. You will also want to contact an attorney if you are selling a property that has tenants.

What can a real estate attorney do?

A real estate attorney can help you through all of the paperwork required to make the sale. He or she usually comes in after you have determined the selling price and terms of the sale. Even in states where you are not required to hire a lawyer, you may want an attorney to look over the contract.

What to do if you get a foreclosure notice?

It's always best to contact a real estate attorney if you get a foreclosure notice. They may be able to find a way to stop foreclosure through an injunction. You may also want to hire an attorney if you are going through a divorce or separation. The attorney can help you negotiate the sale with an uncooperative partner.

Do you have to contact an attorney if you are selling a property?

You will also want to contact an attorney if you are selling a property that has tenants. There are a myriad of local and state laws when it comes to tenants rights. Most have legal requirements that you must meet (and notices that you must provide to tenants) before tenants have to vacate.

What to do if you sell a rental unit on behalf of a deceased owner?

The last thing that you want is a legal entanglement due to your rental unit. You may also want to hire an attorney if you are selling on behalf of a deceased owner. It's best to talk to a lawyer to ensure that, if the property is inherited, the rightful heir is legally determined.

Why do you need an attorney for a trust?

You will also want to use an attorney to make sure that you are complying with the terms of any trust that may have been established. There may be fiduciary responsibilities for the property that you may not be aware of. An attorney will help you determine what your obligations are for the trust.

What does a partner agent do?

In most cases, a Partner Agent will be able to help you through all of the legal requirements of selling your home, in addition to finding you a large pool of potential home buyers. But spending a few hundred dollars for an attorney to check over all of the fine print in the final deal can be worth it.

What documents do closing attorneys need?

The closing attorney is available to explain documents such as a deed, a note, a deed of trust, a settlement statement, disbursement at the end of the transaction and loan documentation required by the lender.

Where is the closing attorney located?

While the closing attorney is typically located in or near the county where the property sits , many actual real estate closings today are handled on one or more sides using overnight mail with payments via ACH or wire.

What is the closing attorney's job?

There are five primary functions handled by the closing attorney during a real estate transaction: Title examination: The buyer and lender will both want a clear title for the property. Without clear title, the sale may become much more complicated.

Does title insurance have to be purchased at closing?

Title insurance is optional for the purchaser in a real estate closing if he or she does not have to get financing through the bank or mortgage broker; is a requirement for most all lenders at the time of purchase or refinance of real estate.

How long does it take to close a cash sale?

Once you’re under contract, a cash sale can close in as few as two weeks — just enough time for the title and escrow companies to clear any liens, provide insurance, and get paperwork ready (more on that later).

What is the first step in closing a sale?

The first step in closing is accepting your buyer’s offer and completing a Purchase and Sale Agreement contract — commonly known as “going under contract.”. 2. Verify proof of funds. Since your buyer is using their own cash to close the deal, you’ll want to make sure they actually have the money available.

How to sign a deed to a house?

Make sure to bring the following items with you to your signing appointment: 1 Your government-issued ID. 2 The deed, if your home is paid off. 3 House keys, garage door remotes, and codes to keyless entry and alarm systems. 4 A certified or cashier’s check to cover any outstanding costs that won’t be covered by your proceeds, like lien payments, property taxes, or prorated utilities. Your escrow company should let you know ahead of time if you’ll need to bring additional funds.

What happens when you accept a cash offer on a house?

Luckily, when you accept a cash offer on a house, the selling process is a bit simpler , there are fewer parties involved, there is a bit less paperwork, the timeline can be expedited, and the risk of the deal falling through can be lower.

How to sell a house for cash?

What is the process of selling a house for cash? 1. Sign the contract. The first step in closing is accepting your buyer’s offer and completing a Purchase and Sale Agreement contract — commonly known as “going under contract.”. 2. Verify proof of funds.

What is a title company?

A title company is responsible for making sure the property lines are drawn correctly and that there are no property liens that need to be addressed; issuing title insurance; and, on closing day, ensuring that the actual property ownership changes hands.

What is closing instructions?

It’s basically a detailed outline of the tasks your escrow company is responsible for, and the process they’ll follow to complete your closing. Make sure to double-check all amounts.

Can a buyer foot the bill if the owner doesn't have a real estate agent?

However, if an owner doesn’t have a real estate agent because it’s a FSBO, and the buyer’s agent is doing the work of preparing the transaction, that doesn’t mean the buyer needs to foot the bill. The buyer just needs to be prepared to ask the seller to pay the portion of the commission for writing the contract, says Kaera Mims, ...

Is the cost of drawing up a purchase contract included in the closing cost?

The cost of drawing up a purchase contract is typically included in the real estate seller’s commission fee, paid at closing from escrow as part of closing costs. However, if an owner doesn’t have a real estate agent because it’s a FSBO, and the buyer’s agent is doing the work of preparing the transaction, that doesn’t mean ...

What is a seller's agent?

The seller’s agent is typically the person who draws up a real estate purchase agreement. But what happens if the home is for sale by owner (or FSBO) and the owner isn’t represented by a real estate agent at all? A FSBO sale can occur in a seller’s market or when sellers want to maximize their profits on a sale by not having to pay a commission ...

What is a purchase contract?

As a real estate buyer, a purchase contract is one of the first steps toward closing the sale. “In layman’s terms, a purchase contract is simply the written contract between the buyer and seller outlining the terms of the sale,” Hardy explains.

Who can help a buyer with a real estate contract?

Buyers can have real estate agreements drawn up by a real estate attorney or agent. A title company or Realtor can help the buyer find someone to write a contract if necessary. If the seller doesn’t have an agent lined up to draft the purchase contract, the buyer’s own real estate agent can take care of the transaction paperwork as ...

What is land contract?

A land contract is used when the owner provides financing when going to sell, so that you do not have to get a mortgage elsewhere to purchase the property. The contract stipulates the amount of the loan, the interest rate, and what happens if you fall behind on property taxes or payments. You and the seller can negotiate the terms of the agreement, ...

How long does it take for a lawyer to receive a settlement check?

Once your lawyer receives the check, they usually hold it in a trust or escrow account until it clears. This process takes around 5-7 days for larger settlement checks. Once the check clears, your lawyer deducts their share to cover the cost of their legal services.

How long does it take to settle a liens claim?

It’s usually easy to settle liens, unless the government has a lien against your settlement. If you have any liens from a government-funded program like Medicare or Medicaid, it takes months to resolve them. Your lawyer also uses your settlement check to resolve any bills related to your lawsuit.

What happens when you get a settlement check?

When you finally reach a settlement, there are a few more things you and your lawyer need to do before the defendant gives your lawyer the check. Even so, once the check reaches your lawyer, there are a few obligations they must attend to before they give you the final balance.

How long does it take for a settlement check to be delivered?

While many settlements finalize within six weeks, some settlements may take several months to resolve.

Can you delay settlement check?

Unfortunately, some organizations use this to delay the processing of your settlement check as much as possible.

Do you have to pay liens on a settlement?

As soon as your case settles, you have a legal obligation to pay these bills. Once your lawyer receives the settlement check from the defendant, they usually use the proceeds to pay any liens on your settlement for you. It’s usually easy to settle liens, unless the government has a lien against your settlement.

Can a lawyer release a settlement check?

Most of these bills have a fixed amount, but your lawyer might have to negotiate a payment for other services. While your lawyer cannot release your settlement check until they resolve liens and bills associated with your case, it’s usually best to be patient so you don’t end up paying more than necessary.

How many sheets of documents are needed for a property sale?

Selling a property is a document-intensive transaction. In fact, the average property sale requires approximately 180 sheets of reports, contracts, forms, and statements. For a worry-free and legally airtight sale, you'll need to come up with the following 12 key documents.

Do you need a copy of the original sale contract?

Sellers are required to provide prospective buyers with a copy of the original sale contract signed between the current and previous owners of the property. The original sale contract should include the previous purchase price for the property, the disclosures made at the time of sale, and any contingencies to the deed transfer.

What is the final step in the property transaction process?

The Deed. The execution of the sale deed is the final step in the property transaction process. The deed is drafted to the evidence and the terms of the final sale agreement and signed on non-judicial stamp paper. Once executed, the deed transfers legal ownership of a property from the seller to the buyer.

What is the original sale contract?

Original Sale Contract. Sellers are required to provide prospective buyers with a copy of the original sale contract signed between the current and previous owners of the property. The original sale contract should include the previous purchase price for the property, the disclosures made at the time of sale, and any contingencies to ...

What are the disclosures required by the seller of a home?

After prospective buyers agree to a purchase price, the seller must disclose any known issues or hazards affecting the property. Common mandatory disclosures include previous cases of water damage, usage of lead-based paint, toxic material levels, or homeowners association rules .

What is a purchase offer form?

A purchase offer form lays out an initial framework for the final purchase contract between the buyer and seller. The purchase offer is not an end-of-contract document and its terms are subject to revision or amendment.

Is a purchase offer an end of contract document?

The purchase offer is not an end-of-contract document and its terms are subject to revision or amendment. The form lists the price offered by the buyer, a brief description of the property, and the listing information provided at the time of sale.

How long does a mortgage lender have to provide a closing disclosure?

Mortgage lenders must provide borrowers with a closing disclosure (also called a CD) at least three business days before settlement . This document spells out things such as your loan term (typically 15 or 30 years), loan type (a fixed-rate or adjustable-rate mortgage), the interest rate, and closing costs, among other financials.

What is a contract for a home sale?

Every home sale starts with a real estate purchase agreement — a legally binding contract signed by home buyers and sellers that confirms that they agree upon a certain purchase price, closing date, and other terms.

Do closing companies keep closing documents?

Your closing company is required by law to keep a record of your closing documents, so that’s a good fallback in case you misplace yours. Still, it’s smart for you to keep important documents on hand—particularly if, later on, you need to file a claim against the seller or your professional representation team (i.e., your real estate agent, ...

What is a buyer's agent agreement?

When you choose a real estate agent, you sign a buyer’s agent agreement —a contract between you and the brokerage, stating that the agent represents you in the purchase of your home. This agreement outlines the terms of the relationship with your agent—including who pays the agent’s commission (in most cases, ...

What is a purchase agreement?

Every home sale starts with a real estate purchase agreement —a legally binding contract signed by home buyers and sellers that confirms that they agree upon a certain purchase price, closing date, and other terms. Why you should keep it: The provisions stated in this contract must be followed to the letter.

What are disclosures for sellers?

Seller disclosures. Sellers are required by law to disclose certain problems with the home, both present and past, that they’re aware of that could affect its value. While laws vary by state, these disclosures might include lead-based paint, pest infestations, and renovations done without a permit.

What are the disclosures required by law for sellers?

Sellers are required by law to disclose certain problems with the home, both present and past, that they’re aware of that could affect its value. While laws vary by state, these disclosures might include lead-based paint, pest infestations, and renovations done without a permit.