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Selecting an Attorney
One of the most important
components of either buying or selling a home is selecting an attorney. Although an attorney is not required during
the home transaction process, they are a valuable resource that simplifies the
legal aspects of a real estate transaction.
An attorney will protect
your interests whether you are purchasing or selling your home, as they will
resolve legal problems that may arise before a legally binding contract is
signed. They are valuable in that they
are able to evaluate complicated offers from buyers. Additionally, lawyers are vital in evaluating important documents
that are required in property transfers such as: the deed, the bill of sale,
the mortgage, the promissory note, the closing statement, and the title
commitment.
Additionally, an attorney
will help you protect your interest if you are buying a home and avoid the
potential of signing a legally binding contract under unforeseen circumstances
by determining the condition of the seller’s title to the property. What this refers to is that an attorney will
determine whether the seller is the legal owner of the property or whether
there is an unpaid mortgage involved.
Additionally, an attorney will examine if there are any restrictions on
the property as well as whether there are any unpaid property taxes attached to
the home.
An attorney is also present
during the “closing” stage of a home transaction. During this stage, the buyer and the seller meet for a final
discussion to review all closing documents.
In most instances, the buyer and seller are represented by their
attorneys, in which the attorneys examine all of the requisite documents
involved with the transaction. These
attorneys usually attend to any final details that may complicate the
transactions.
When choosing an attorney, it is important that the attorney specializes in
real estate law. It also is important
that you are aware of the real estate transaction process prior to selecting an
attorney, regardless of whether you are purchasing or selling your home. By understanding the formal steps involved
in this process, you will be able to understand the role of the lawyer in this
process and therefore will be able to discern whether their proposed fees are
fair or not. It is recommended that you
interview several real estate lawyers and discuss all the details of the
transaction to get a better sense of whether they are suitable to your needs.
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