why you should use your own attorney when purchasing a home

A lawyer can be a lifesaver when it comes to helping you deal with purchase agreements. They can explain the forms and make sure you understand what you’re getting into when making a purchase. A lawyer can help decipher all of the legal texts and make sure you’re well prepared in knowing your obligations when purchasing the home.

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Why do I need a lawyer when buying a home?

A lawyer can be a lifesaver when it comes to helping you deal with purchase agreements. They can explain the forms and make sure you understand what you’re getting into when making a purchase. A lawyer can help decipher all of the legal texts and make sure you’re well prepared in knowing your obligations when purchasing the home.

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

Do You Really Need a Real Estate Attorney to Buy or Sell a House? Answers Ahead If you’re buying or selling real estate, you may have heard you should hire a real estate attorney.

What does a buyer’s attorney actually do?

The effect is that for most real estate transactions, reviewing/negotiating the P&S, which is typically the most important service that a buyer’s attorney does, is much more substantial than just reviewing a form P&S and perhaps adding a few boilerplate provisions.

Do you need a lawyer to make a purchase agreement?

Assist With Purchase Agreements A lawyer can be a lifesaver when it comes to helping you deal with purchase agreements. They can explain the forms and make sure you understand what you’re getting into when making a purchase.

What can a lawyer do?

A lawyer can interpret and explain these rules, advise you on the feasibility of your plans, and help you structure the transaction and gain the approvals you will need to move forward. 7. Your instinct tells you to talk to a lawyer.

What happens when you hire a lawyer?

When you hire a lawyer, your lawyer only works for you and will make sure your interests are protected. 4. There is a problem with the property or the deal. A lawyer can help you resolve some of the tougher, more technical issues that might come up.

What to do if someone threatens to sue you?

You may also need legal advice if the property is involved in a foreclosure or other litigation, or if you get into a dispute with the buyer or seller. Always talk to a lawyer if someone threatens to sue you. 5. You are concerned about the tax consequences.

What is a "for sale by owner" deal?

A “for sale by owner" deal can save you money on real estate commissions, but you still need someone to prepare the purchase agreement, deed, and other documents. A lawyer can get your paperwork in order, ensure the title is good, and help you with the fine points of negotiating the transaction. 3.

What happens if you make an offer on a house and aren't represented by a real estate agent

If you make an offer on a house and aren't represented by a real estate agent, the seller's agent may offer to take care of everything. This is known as “dual agency," and it can cause problems because one agent cannot truly look out for the best interests of both you and the seller.

Can you deduct home office expenses if you are a seller?

If you are the seller, you could be liable for capital gains tax if the home has increased in value. If you are the buyer, you may be able to deduct mortgage interest, home office expenses, and some or all of your property tax.

Is it smart to hire a real estate lawyer?

But there are times when it's a smart idea to hire a real estate lawyer. Here are seven home buying and selling situations where a lawyer's insights can prove invaluable. 1. State law requires you to use a lawyer. In some states, lawyers must be involved in certain aspects of a real estate transaction. In other states, lawyers are optional.

What is a real estate lawyer?

A real estate lawyer is licensed to practice law and specializes in real estate transactions. A real estate lawyer is familiar with all aspects of the home purchase process and can represent buyers, sellers or lenders. In states where a lawyer is required to be present at closing, it’s possible that the lawyer is there solely to represent ...

Why is it important to have a lawyer in a negotiation?

This is important because when you’re in the middle of a potentially contentious negotiation that needs to be resolved quickly, you’ll want the lawyer to be available to advise you and negotiate with the other party.

What are some situations that are unusual and might require an attorney’s advice and negotiating skills?

Here are some situations that are unusual and might require an attorney’s advice and negotiating skills: You’re buying a home that is part of a special type of sale, such as an estate sale, short sale, auction or purchase from a bank. You’re purchasing a home that’s in another state.

What is closing on a home?

Closing. The moment you’ve been waiting for— closing on a home sale or purchase —often involves dozens of pages of legal documents to review. A lawyer can help both the seller and buyer navigate the review, which can be especially intimidating and confusing to a first-time homebuyer.

What is the most important document in the home sale process?

It can help you avoid potential problems down the line by making the contingencies as favorable to you as possible. The contract is the most important document in the home sale process, and it includes several negotiable issues. Some of the most important issues in the purchase contract involve: Timing. Your timeline for closing on the property ...

Can a lawyer review a purchase contract?

Although real estate agents usually play a central role in preparing purchase contracts, a lawyer could provide a review of the purchase contract terms. What’s more, real estate agents are generally limited to filling out contract templates, rather than drafting them from scratch.

Can a buyer withdraw from a contract without penalty?

In some cases the buyer—if the contract allows it —could withdraw from the contract without penalty. Title. A title search is routine before a purchase, and might turn up a lien on the property you’re selling or buying, which a lawyer can help investigate. A lawyer also could help ensure the title insurance on your new home adequately protects you ...

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.

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.

What happens if you don't pay taxes on your home?

Real estate attorneys also study title documents to make sure that other individuals or governmental bodies don't have ownership stakes in the home you want to buy. If the sellers of your home failed to pay all their property taxes, your local government might have a lien against the home. Your attorney will search title documents to make sure ...

What to do after a home inspection?

Before closing, a real estate attorney can help you negotiate after the home inspection, an event that happens after you and the seller agree on a contract but before mortgage closing. If the inspector finds serious problems with the home you want to buy, you can work with your real estate attorney to negotiate repairs that the sellers must complete before the home sale can close. Your attorney might also negotiate a reduction in the home's sales price or a credit that you'll receive upon closing to pay for the repairs yourself.

How much does closing cost on a mortgage?

Closing your mortgage loan is far from a cheap process. You can expect to pay from 2 percent to 5 percent of your home's purchase price in closing costs, the fees your lender and other companies charge you to close your mortgage loan. It's understandable, then, that most buyers want to reduce these costs as much as they can.

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

You aren't required to pay for a real estate attorney when you are buying a house. But if you do, that attorney will represent you during the entire home-buying process. The attorney will also attend the mortgage closing, reviewing the loan documents you sign to take ownership of your home. Closing your mortgage loan is far from a cheap process.

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.

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.

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.

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 .

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.

Can a lawyer help you with discrimination?

Lawyers can certainly help if you face discrimination during the home buying process. Even though most real estate lawyers do not specialize in that area, they will probably know an attorney who does. However, don't let anyone convince you that you need to have lots of money or a high-priced legal team to respond to discrimination. Laws exist to protect everyone, regardless of income.

What should a closing attorney look at when hiring a closing attorney?

If the bank hired the closing attorney, the closing attorney should have looked more carefully at the purchase-and-sale contract to determine exactly what was being sold. If the closing attorney (hired by you or the bank) made the mistake, the closing attorney should fix it.

What is closing attorney?

A closing attorney is an attorney hired by the seller, buyer or the buyer’s lender to handle the paperwork relating to the sale of the home and the lender’s documentation. This attorney acts as a settlement agent but does not represent either the buyer or the seller in the transaction. The attorney’s role is to prepare closing documents ...

What does a closing attorney engagement letter mean?

The closing attorney’s engagement letter will let you know that the attorney does not represent you but rather only prepares documents for the closing, so be sure to look closely for that wording in the document you sign. Advertisement. We mention all of this as background.

Does closing attorney fix conveyance documents?

Remember, this error not only affects the buyer but the buyer’s lender. The closing attorney may have the ability to fix the conveyance documents from you to your buyer, but it may take more work to fix the mortgage documents that the buyer signed to the buyer’s lender. Advertisement.

What is the most important service a buyer's attorney does?

The effect is that for most real estate transactions, reviewing/negotiating the P&S, which is typically the most important service that a buyer’s attorney does, is much more substantial than just reviewing a form P&S and perhaps adding a few boilerplate provisions. Almost any experienced real estate attorney would agree that whatever the version, ...

Who pays closing attorney?

The homebuyer pays the closing attorney as part of their closing costs. A buyer also is required to purchase lender’s title insurance, and owner’s title insurance is optional, but recommended. The closing attorney will typically receive a portion of the title insurance premium (for both the lender’s and owner’s policies) as their fee ...

How much does a closing attorney save?

If the closing attorney agrees to represent the homebuyer free of charge for reviewing the purchase and sale agreement and other items associated with buyer representation, the buyer can potentially save between $400 and $800.

What is a closing attorney in Massachusetts?

That settlement agent is often called the “closing attorney.”. If you're moving to Massachusetts, this part of the closing process may be different than the state you're moving from. The legal fees for the closing attorney is one of several closing costs a homebuyer is responsible for paying at closing. That closing attorney represents the lender, ...

What are the disadvantages of having a lender's attorney?

Disadvantages of having your lender’s attorney provide dual representation: 1. Different services. Closing attorneys provide a myriad of services before, during and after a closing. Among other duties, they review and certify title, review/prepare/record the deed, obtain and payoff existing mortgages, order and payoff municipal bills ...

Who is involved in closing a real estate transaction?

In most real estate transactions, there are a lot of parties involved – sellers, buyers, listing agents, buyer agents, loan officers, processors, underwriters, home inspectors, appraisers, insurance agents … and then attorneys. Assuming the seller and buyer each have separate legal representation, then the closing attorney not only has ...

Do you have to have two separate attorneys for closing?

Assuming the seller and buyer each have separate legal representation, then the closing attorney not only has to coordinate between the buyer and seller and their real estate agents, but also two separate attorneys, who have to synchronize their calendars for the closing. Having an attorney that is representing both the homebuyer/borrower and ...

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.