what to ask when calling attorney about buying a house

Steelman recommends asking your agent right away how long the house has been for sale. “If it’s been on the market a long time, that often signals there are some issues with the property,” she says. As a general rule of thumb, it’s not wise to make a low offer if the house has been on the market for 21 days or less.

Full Answer

What should I ask the seller when buying a house?

If these items are already at the end of their lifespan or near it, ask the seller to purchase a home warranty, which can help cover the replacement costs in certain instances. 8. How long has the house been on the market? The longer a house has been on the market, the more motivated the seller will be to make a deal.

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

Depending on your locality, state laws and the exact nature of the transaction, you may need to enlist the services of a real estate attorney (and have the cost included in your closing costs).

How do I find a real estate lawyer in my area?

Utilize your state’s Bar association directory: Your state Bar association’s website can help you locate lawyers in your area who practice real estate law. Use the American Bar Association’s directory to help you find your state’s website.

What does a seller’s lawyer do when selling a house?

A seller’s lawyer will check the agreement of purchase and sale to protect them and deal with any title issues that may arise. They will also arrange for final payoffs for existing loans and prepare any documents that are necessary to transfer the ownership of property.

What questions should you ask before buying a house?

12 Critical Questions To Ask When Buying A HouseWhat Is The Risk Of Natural Disaster? ... Are There Health Or Safety Hazards? ... How Old Is The Roof? ... Are The Major Appliances In Good Condition? ... What Is The Cost Of Utilities? ... What's Included In The Sale? ... Have There Been Any Additions Or Renovations?More items...•

What questions should I ask a realtor when buying a house?

10 things to ask when you view a homeWhy is the seller moving? ... What comes with the property? ... How old is the roof? ... How old — and how efficient — is the heating and cooling system? ... Are there any disclosures? ... Are there any problems with the house? ... Have you made any additions or renovations? ... What's the water pressure like?More items...

What is the best way to request an attorney?

Certified lawyer referral services or your local bar associationGoing to LawhelpCalifornia.org. ... Calling the State Bar's Lawyer Referral Services Directory at 1-866-442-2529 (toll free in California) or 1-415-538-2250 (from outside California); or.More items...

How much does a real estate attorney cost in California?

Fixed hourly rate: A real estate attorney who charges an hourly rate may charge $150 – $350 per hour, but this can vary a lot depending on how experienced the attorney is and what area you're in. Fixed rates for specific services: They may also charge a flat fee for the particular services they provide.

What should you not say when buying a house?

0:537:598 Things Not to Say When Buying a House! - YouTubeYouTubeStart of suggested clipEnd of suggested clipIf you start going into a house and you're insulting somebody's furniture the decor. Even if it'sMoreIf you start going into a house and you're insulting somebody's furniture the decor. Even if it's not your taste. It can set a bad tone for the relationship.

Who pays for closing costs?

Closing costs are paid according to the terms of the purchase contract made between the buyer and seller. Usually the buyer pays for most of the closing costs, but there are instances when the seller may have to pay some fees at closing too.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What are some questions you should ask a lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What do you say when you call a lawyer?

0:261:20What To Say When You Call An Attorney - YouTubeYouTubeStart of suggested clipEnd of suggested clipKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific.MoreKnow kind of ballpark. Terms where you're coming from. And then you can elaborate on your specific. Situation. And when you keep it simple in the beginning it really does make it easier.

How do you make an offer on a house without a realtor?

Remember, your offer becomes your legally binding purchase contract.Step 1: Land on your offer price. ... Step 2: Document the details. ... Step 3: Include contingencies. ... Step 4: Offer earnest money. ... Step 5: Make your asks. ... Step 6: Lay out the timeline. ... Step 7: Include any addenda. ... Step 8: Deliver the offer to the seller.More items...•

Do you need an attorney to buy a house in CA?

You Need Not Hire an Attorney, Although You Might Want To While some states require that an each party to a real estate transaction retain a lawyer to represent their interests at the closing; California does not.

What does a real estate attorney do?

Real estate lawyers do everything from title search of a property to dispute resolution. They have to conduct the due diligence for the property to know if the title is clear for development or sale. Then they have to make title search reports or title search certificates as per their client's requirements.

What questions should I ask before buying a house?

Before you buy a house, you want to ask about the cost and what’s included. You also want to ask about prior damage, exposure to natural disasters,...

What are three questions to ask before buying a house?

Three important questions to ask before you buy a house are: What are my total costs? What are similar houses going for in the neighborhood? Does t...

What are the most important questions to ask when buying a house?

The most important questions to ask when buying a house have to do with budgets, such as how much does the house cost, what’s included in the sale,...

Who handles the closing of a real estate offer?

In other states, each party has an attorney who handles all of the details of the offer and the closing. Be sure to check on your local jurisdictions laws. You can find more information at your states department of real estate or you can ask a real estate broker.

What is buyer beware?

Buyer Beware: Caveat Emptor or " buyer beware " is a long-standing law that puts responsibility on the buyer to learn of any defects of the home, even if such defects render the home unfit. If you wait until after closing, it is too late.

What is the first method of foreclosure?

The first method occurs when the seller takes back a mortgage on the home. The buyer signs a promise to repay the loan AND either a mortgage or deed of trust. Both of these would allow the seller to foreclose on the buyer should the buyer default on the payments of the purchase agreement.

What is closing of a house?

The house closing is the final transfer of the ownership of a house from the seller to the buyer, which occurs after both have met all the terms of their contract and the deed has been recorded. This term can also be used to explain the timing of when the deed/ownership of the house will be transferred to the new owners.

How long does it take to get financing for a foreclosure?

Additionally, homes in foreclosure are harder to secure financing for until after a period of 90 days.

Can a seller loan you money to buy a house?

Sometimes, if you are unable to get a loan from a commercial lender or bank, the seller will loan you money to buy the home. A seller who wants to spread the income from the home over a long period of time may be more willing to do this. There are two methods of seller financing:

Is buying a house a long term purchase?

If you're buying a home, you're probably well aware that it will likely be the biggest and most long-term purchase you'll ever make. It's also a potential magnet for lawsuits and other legal concerns. Before you buy, consider having a real estate attorney evaluate any potential legal issues you may have before they become bigger issues.

What to know before hiring a real estate lawyer in Toronto?

Before hiring a Toronto real estate lawyer, it can be helpful to figure out how much experience they have in the industry. Although, it is not always necessary to find a seasoned professional with decades of legal work on their resume, finding a lawyer with many years of experience will be extremely valuable.

What is a real estate lawyer?

A real estate lawyer can help you make sure you are buying exactly what you think you are. A seller’s lawyer will check the agreement ...

Why is it important to do a title search on a property?

It’s very important to conduct a title search on the property you have purchased because it ensures that the seller has full legal rights to sell a property and that there are no outstanding encumbrances such as a lien or a mortgage.

Why do you ask before buying a house?

Some reasons are obvious: the seller needs more space for a growing family, has to relocate for a new job, or is downsizing for retirement. Other reasons are less straightforward.

How to know if a house has multiple owners?

If the property has had multiple owners in the last seven years, you’ll need to get a CLUE report from each owner to see the house’s full history. The CLUE report outlines claims made and amounts paid, but it doesn’t necessarily explain which part of the house was affected. For that, you’ll need to talk to the sellers.

How often do you have to pay mortgage insurance?

Mortgage insurance: If you opt for certain mortgage types that require smaller down payments, you may have to pay mortgage insurance every month.

What are the hazards to look out for when buying a house?

Common hazards to look out for: Lead paint , which is common in homes built before 1978. Asbestos.

What is an inspection in a home?

Inspection: The inspection evaluates the condition of your future home. More thorough than an appraisal, its goal is to identify anything that’s not in good working order (and therefore might cost you a lot of money in the near future).

How long can you make a low offer on a house?

As a general rule of thumb, it’s not wise to make a low offer if the house has been on the market for 21 days or less . After 90 days, though, it may be safer to make a low offer (which, in this context, may mean something like 90 percent of the asking price).

What are the hazards of a house?

Common hazards to look out for: 1 Lead paint, which is common in homes built before 1978 2 Asbestos 3 Radon 4 Mold 5 Infestations

Why do you need a real estate attorney?

For buyers, the following are all great reasons to seek legal counsel: Out of state/town home purchases. Purchasing a short sale. Purchasing a bank-owned property or foreclosure. Purchasing commercial real estate. Purchasing an estate.

What are the scenarios where you may wish to employ a real estate lawyer?

If you are selling property, the below are all scenarios where you may wish to employ a real estate lawyer: Selling a property you inherited. Selling a property during a divorce or separation. Selling a property with a lien. Short-selling a home. Selling a home with multiple owners.

How to sell a house with a lien?

If you are selling property, the below are all scenarios where you may wish to employ a real estate lawyer: 1 Selling a property you inherited 2 Selling a property during a divorce or separation 3 Selling a property with a lien 4 Short-selling a home 5 Selling a home with multiple owners 6 Selling a home with known problems (structural problems, mold and so forth)

Should I use a real estate lawyer for a home purchase?

While you can opt to use a real estate lawyer for a simple home purchase or home sale, some homeowners forego this step in order to save money. If you are an experienced purchaser you can certainly rely on your real estate agent, but it never hurts to have an expert in legal matters on your side, just in case. ...

What questions should I ask a real estate agent?

7 questions to ask when you interview agents 1 How long have you been a real estate agent? 2 What kind of experience do you have in this specific market area? 3 Do you usually work with buyers or sellers? 4 How do you usually communicate with clients? What should I expect for response time? 5 How will you help me search for homes? 6 What days and times are you typically available for showings? 7 How will you ensure transparency about any issues you see with a house?

How many agents should I interview for a real estate transaction?

Most real estate experts recommend that you interview at least three agents identified by recommendations from friends and family who have bought or sold a house recently.

Do sellers have to disclose defects?

Sellers are required to provide a disclosure form listing any known defects, but what they don’t disclose and you don’t know can lead to major issues later. That’s why it’s critical to get a home inspection done by a professional home inspector as soon as a purchase agreement is signed.

Is a roof necessary for a home?

Let’s face it: roofs are necessary and expensive. If a home’s roof is at the end of its lifespan and you wind up having to replace it shortly after move-in, you’ll be shelling out thousands of dollars. Ouch. If the roof has existing damage, your lender may require that it be repaired in order to approve your loan.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

Is it legal to buy a home?

Buying a home isn’t just a simple purchase; it’s also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be so complex, sometimes it makes sense (or is even required) for home buyers or sellers to enlist an attorney who can look out for their best interests.

Do you have to have an attorney at closing?

If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your contract was negotiated. If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you.

Why do you need a lawyer for a mortgage?

Furthermore, attorneys can secure proof that judgments or liens have been resolved. That is important if you ever plan to obtain a mortgage or loan against the property.

How long do you have to review a real estate contract?

In many states, the buyer and the seller have three days to review a real estate contract before it becomes legally binding. Some buyers and sellers aren't aware of this. A lawyer will make the client aware of it, review the contract for legal glitches, make necessary changes, and insert useful contingencies .

Why do attorneys do title searches?

The title search is essential because it reveals whether the seller has the legal right to sell the property.

Why is legal counsel important?

Having legal counsel makes good business sense because of the complexities that come with real estate transactions. Experienced real estate attorneys can help to protect your interests. They ensure that your transaction adheres to the applicable rules of your state and municipality.

Why should I be represented by a lawyer?

Ideally, buyers and sellers in a real estate deal should be represented by lawyers to safeguard their rights and watch their interests. While lawyers can help if you face discrimination when buying a home, there are also less expensive options.

What is a contract attorney?

An attorney understands these different types of business arrangements and their legal boundaries within your state's law. The attorney will ensure that the contract is consistent with the law and the partnership's, trust's, or corporation's charter agreements.

Where do I file a deed for real estate?

Real estate deeds often need to be filed at the county and state levels. An attorney will be able to do this quickly and efficiently. In some cases, the transaction might involve property in an area where certain types of construction are not allowed.

What expenses should I prepare for when buying a home?

One of the expenses to prepare for when buying a home is monthly utilities. Don't shy away from asking the average cost of living in the home. Utility bills, like water and electric, can vary by hundreds of dollars each month.

Is it OK to ask for a down payment?

Yes, it's OK to ask. It's actually necessary for you to decipher if there are any red flags before you make a down payment on a home. It's one thing to relocate for the purpose of a new job or growing family.

Can I use the same service for my new home?

While it's preferable to continue using the same professionals to service your new home once you move in, this is not always possible. It is helpful to have their contact information to learn about the work that was done and to ask questions if something breaks.

Is it normal to ask when selling a house?

Shutterstock. When selling a house, it is normal for the new homeowners to get anything affixed to the walls, floors, or ceilings, unless otherwise specified. However, it never hurts to ask when viewing a home.