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I'm selling (buying) a house. Why do I need an attorney?
Buying or selling a house is one of the largest financial transactions in your life. There are a lot of players involved in the transaction: buyer, seller, lender, realtor, title company, appraisier, State government, Federal government, IRS, inspectors and sometimes contractors, with their own competing interest. The entire process can be complicated with turns and options that can cost or save you money. Your attorney has the skill and an undivided loyalty to you to protect your interest. The Real Estate contract and mandated disclosures are complicated with time limits and options that are essential to best protect your interest. The title insurance may present title problems with the real estate that require an attorney to clear. New construction requires special protection on the buyers' title insurance polciy. The inspections may reveal structural or mold problems. You may need an attorney to successfully extract you from what has turned out to be an unwise decision to purchase. Financing has become more complicated for both the buyer and seller. The seller may be faced with "exotic" ideas and scams from buyers or with legal seller assisted closing costs programs such as Ameridream that require contract modifications to protect the seller.
How will an attorney protect my interest?
With years of experience and training and only your interest to serve, the attorney can guide you from the start with the important contract to the finish with the transfer papers and closing.
When should an attorney get involved?
Consult with an attorney as soon as you consider buying or selling for sound advice on your options but definitely before the contract is signed even though many contracts in this area have an attorney modification paragraph. When the contract is signed without attorney review you may have tied the attorney's hands to add needed protection for you. It is easier to get the contract right from the beginning with how you want it written then to seek to modify it later. The contract is your main protection on the warranties connected with the house and house systems such as heating and plumbing. Warranties are a major source of after closing lawsuits that can be avoided with a well drafted contract and real estate disclosure form. The contract also sets forth your protection on default and conditions to the sale.
What is title insurance?
Title insurance is a guarantee by a title company according to the terms of the policy that you have good title against almost any title problem. The policy includes the requirement of defense and payment in case of a valid claim not shown on the policy. It is a one time payment on sale.
Does the attorney's fee cover costs?
No, attorney fees are for work the attorney performs on your behalf. It does not include standard and customary closing costs a seller or buyer has on the sale of real estate whether they have an attorney or not. Please see closing costs under the Service Section.
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