why does my real estate attorney need my ssn when i sell my house

by Earnest Murazik 10 min read

As has been pointed out, depending on the nature of issue at hand, the SSN may be necessary for the attorney to gather the necessary background to actually help you. Without knowing the general nature of your legal concern and reason for the consultation, it is not possible to be definite.

Those judgments will have to be paid off, or provided for, at settlement before the transaction can settle. This is why the title company is asking for your Social Security number — to try to determine that the judgments that showed up in the records are not against you.Aug 29, 2014

Full Answer

Do I need a real estate attorney to sell my house?

However, depending on the state where you’re selling, you may be required to hire a real estate attorney to handle the paperwork.

Why do I need a Social Security number for a lawyer?

Maybe it is a way for the attorney to determine who is serious about the services he or she offers. As has been pointed out, depending on the nature of issue at hand, the SSN may be necessary for the attorney to gather the necessary background to actually help you.

Should I use a buyer’s agent to sell my house?

Saving on commission fees is one of the most common reasons sellers decide to go it alone. But even if you can avoid the 2.5% to 3% of the sale price you’ll pay your own agent, you’ll still likely pay 2.5% to 3% of the sale price to your buyer’s agent — unless your buyer is also not using an agent.

How many sellers sell their home without an agent?

While many sellers ask themselves these questions, only a small number end up selling without an agent. Only about 11% of sellers go the for-sale-by-owner (FSBO) path, according to the Zillow Group Consumer Housing Trends Report 2019. Another 5% did most of the work on their own, but hired an agent at the end to finalize the sale.

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What not to do after closing on a house?

What Not To Do After Closing On a HouseAvoid Big Charges on a Credit Card.Be Careful with Trends.Do Not Neglect Your Neighbors.Don't Miss Tax Breaks.Keep Your Real Estate Agent Close.Save That Mail.Celebrate! You Did It!

How long after closing do you receive your money?

You will need to deposit the check at the bank. From that point, it can take up to seven business days for the money to appear in your account. Wire transfer: This action is the one that sellers more often take. On average, a wire transfer will take about 24-48 hours for the funds to reach you.

Does the seller have to be present at closing in Georgia?

No, a seller does not have to be present at closing. Every state allows power of attorney to handle a home closing.

Who pays for title insurance in Lee County Florida?

the sellerIn Lee County, the seller also typically pays for the title search, as well as the title insurance policy which will insure against defects in title. The typical Lee County contract also provides that the seller will pay for the settlement fee of the closing agent.

Where do you put the money when selling a house?

Deciding how best to use the profits from the sale of your house ultimately depends on your goals — and how far you are away from retirement.Put It in a Savings Account. ... Pay Down Debt. ... Increase Your Stock Portfolio. ... Invest in Real Estate. ... Supplement Your Retirement with Annuities. ... Acquire Permanent Life Insurance.More items...

How does it work when you sell your house?

When you sell your home, the buyer's funds pay your mortgage lender and cover transaction costs. The remaining amount becomes your profit. That money can be used for anything, but many buyers use it as a down payment for their new home.

Does Georgia require a closing attorney?

Georgia Law Requires Georgia law requires a licensed attorney to close all real estate transactions. In other states, the title company handles the closing and matters pertaining to escrow.

Do you need an attorney to sell a house in Georgia?

Georgia, unlike some states, DOES mandate that an attorney be used for the process of selling a home. Specifically, an attorney is required for all closing matters. However, having a lawyer in your corner is also never a bad idea for contract review or to assist in negotiations.

How much does a real estate attorney cost in Georgia?

The packages may include deed preparation, title examination, review of purchase and sale paperwork, working with the lender, and more. For more complex cases, real estate lawyers may work on an hourly rate and require a retainer. Hourly rates for real estate lawyers may range from $150 to $300 or more.

Who pays the deed transfer tax in Florida?

sellerThere are some jurisdictions that dictate who pays the tax, but for the most part, there is no mandate and it's up to the buyer and seller to negotiate who makes the payment. In Florida, the seller traditionally pays the transfer tax or documentary stamp.

Who pays property taxes at closing in Florida?

Because Florida has homeowners paying their property taxes one year behind the actual year, sellers must pay their outstanding property taxes up to the closing date.

Does seller pay doc stamps in Florida?

The party responsible for payment of the documentary stamp tax on a sale is usually determined by the terms of the purchase agreement. However, because the seller is required to provide marketable title to the property, the seller usually pays these taxes.

How much does a real estate attorney cost?

Real estate attorneys cost $150–350 per hour, and usually bill in six minute increments. Or, they may charge a flat fee for certain services. Costs...

Should I use a real estate attorney if I'm selling FSBO?

Unless you're an experienced seller, you should hire a real estate attorney to prepare the purchase agreement and other documents when you sell FSB...

How do I find a real estate attorney?

A great real estate agent can refer you to a great real estate attorney. You can also find real estate lawyers through professional organizations l...

Why do I need a real estate attorney?

Many experts argue that one of the best reasons to hire a real estate attorney is that they’re the only party who isn’t working on commission – meaning that , since they don’t have a financial stake in the final sale price of your home, they’re the only truly neutral third party.

Why is a real estate attorney important?

A good real estate attorney provides a backstop for your real estate agent, finding loopholes in the purchase agreement, saving you money with contingencies, and maybe even insulating you from lawsuits years down the line. Let’s go over some of the situations where hiring a real estate attorney is a good move, the responsibilities ...

How much do real estate attorneys make an hour?

Real estate attorneys are paid by the hour — market rates are between $150 and $350. You may be able to negotiate a flat rate, or a cap on the number of hours they work on your behalf.

Why do agents work on commission?

Works On Commission. Because most agents work on commission, they make more money the higher the final sale price goes. That’s great if your priority is extracting every possible dollar from your sale. But sometimes sellers just want a quick sale, or want their property to pass onto someone who appreciates it.

What are the benefits of being an agent?

A great agent doesn’t just help you buy or sell a property; they also offer a sympathetic ear, gentle advice, and all around emotional support. A huge financial transaction can be a huge source of stress, and a good agent knows how to reassure their clients.

Is a realtor a negotiator?

Real estate agents may be skilled negotiators, but their leverage is limited. An attorney wields the threat of litigation, which is expensive and, if the other party is in the wrong, potentially disastrous. That means they wield significant influence in any negotiation.

Do I need a commercial real estate attorney?

This isn’t the case when it comes to commercial real estate . Commercial real estate deals are much more complicated and risky, and there’s usually a lot more money involved, so hiring a commercial real estate attorney for a commercial transaction is basically required.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

Who is responsible for underwriting title insurance?

Title company: A representative of the title company is responsible for underwriting the title insurance and transferring the clean title of the home to the buyer.

Who hires an inspector to inspect a house?

Inspector: The inspector is hired by the buyer. Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What happens if you sell a house with no living trust?

If the owner of the property died and you were left with the responsibility of selling the home, but there isn’t a living trust, you’ll have to go through probate to sell the house.

What to do if you coown a house?

If you coown a house with someone and you want to get out of the contract, you need an attorney to help you. If you and the other owner do not agree on selling the house or the terms of selling the house, it is especially important you have an attorney on your side.

Why do you need an attorney when selling a house?

You’re the heir or executor of a property whose owner is now deceased. You’re selling a house with an uncooperative partner. You have judgments or liens on the property.

Why do I need a real estate attorney?

Reasons to hire a real estate attorney even if it’s optional 1 You’re an out-of-town buyer. 2 You’re buying a property that is a short sale or bank-owned. 3 You’re buying a property that is part of an estate sale. 4 You’re buying a commercial property. 5 You’re buying a property that could potentially have some structural issues. 6 You’re buying a property in a problematic area such as a flood zone or areas with adverse conditions (tornado-prone, radon, toxicity levels, etc.).

What is the education required for real estate agents?

As part of agents’ licensing education, they’re taught and tested on real estate contracts used within their state, many of which also require continuing education courses and/or certifications on subjects such as ethics, buyer’s agency, distressed property sales, and more.

What happens if my home doesn't sell?

If your home doesn’t sell within a reasonable amount of time, you need to be comfortable pivoting to a new plan. There’s a reason 85% of sellers end up using an agent — successfully selling a home is hard work. If your home sits on the market for too long, the costs you’ll incur paying a listing agent’s commission may be less than the reduced sale price you’ll receive on your stale listing — or carrying two mortgages for an extended period of time.

How long does it take to sell a home?

Note that the average time it takes to sell a home nationally, from listing to closing, is between 65 and 93 days (in 2018), but it also varies based on where you live. So, expect to dedicate a lot of time to the process for at least three months, not including the time it takes to prepare your home for listing.

Why do sellers hire listing agents?

The majority of sellers hire a listing agent because it’s a job that requires skill, dedication, patience and expertise. Most FSBO sellers have full-time jobs, family commitments and other limitations that make it hard to dedicate the time necessary to sell their home for top dollar.

What happens if you overprice your home?

If you overprice your home, your listing may go stale, and you may have to cut the price.

Can I sell my home on Zillow?

With Zillow Offers, instead of finding an agent, listing your home and waiting for a buyer, you can sell directly to Zillow. If your home qualifies, we’ll send you a no-obligation cash offer, and if you need to close quickly, you can schedule a closing date as soon as seven days after accepting the final offer.

Do I need a real estate agent to sell my house?

Do I legally need a real estate agent to sell my house? No, you are not legally required to hire a real estate agent to sell your home. FSBOs are perfectly legal in all 50 states. However, depending on the state where you’re selling, you may be required to hire a real estate attorney to handle the paperwork.

Can I use a discount broker instead of a full service agent?

Instead of hiring a full-service agent, you could engage a discount broker . They usually provide limited services in exchange for a lower rate. For example, for a few hundred dollars, you can have an agent list your home on the local MLS while you do the rest.

What should a seller know about closing?

5 Things a Seller Should Know About Closing. Selling property does not have to be a stressful process. For most sellers, it can be a matter of signing the paperwork and sitting back to wait for a check. However, often sellers are nervous or apprehensive about what the final closing will bring. Below are 5 things a seller should know about closing. ...

Who does the closing attorney report to?

The closing attorney will have to report the sale to the IRS. The closing attorney will usually provide a 1099-S form to the seller at the time that the deed is signed. This document will ask a seller to provide a forwarding address and a social security number. At the end of the year, Form 1099 is transmitted to the IRS to show ...

Do all parties have to sign at closing?

It is a common misconception that all the parties must sit around the table together at closing and exchange documents and keys. This misconception can often cause stress for sellers who are out of state, out of the country, or just worried about scheduling. In most cases, however, the parties prefer to sign separately.

Do you have to be present at closing for seller to be a buyer?

Sellers should always consult with a tax professional to determine what tax liability may apply in their particular situations. The seller does not have to be present at the buyers’ closing.

Do you get a check when you sign a deed?

You will not receive your proceeds check when you sign the deed. Unfortunately, the State Bar rules do not allow closing attorneys to disburse funds until after all documents have recorded. This may be the same day you sign, or it may not be until later after the Buyer’s lender has approved all of the paperwork.

Do you have to sign a deed if you have only one spouse?

The seller’s spouse will probably need to sign, even if only one spouse was listed on the deed. This is because the spouse has a marital interest in the property and that interest must be dealt with before the property can be conveyed to the buyer.

Do you have to pay off liens on a house when closing?

The closing attorney will have to pay off any existing liens against the property. This includes any mortgages or Deeds of Trust, tax liens, and, in most cases, any judgments against any of the owners.

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