How A Real Estate Attorney Looks Out For Your Interests When You Buy A New House

If you're buying a home that's for sale by the owner rather than through a real estate agent, you should hire a real estate attorney to guide you through the process. There are several things that could go wrong, and you could stand to lose a lot of money if you don't take steps to protect yourself. Here are some of the areas an attorney can help with:

Understanding The Contract

Even if you buy from a private seller, you'll need a contract to go through the buying process. Reading a legal contract is often tedious and you may not fully understand what you're reading. Don't agree to anything or sign anything until your real estate attorney has looked at the contract first. Some things you'll want to have clarified are what happens to your deposit if the loan falls through, who pays closing costs, the terms of your down payment, and the condition of the house for sale.

Negotiating Inspection Results

You'll want to have an inspection of the home and its plumbing, electrical system, and roof before you close the sale. A real estate attorney can help you negotiate problems if they are found. The seller must disclose known problems and those should be reflected in the selling price. However, if an inspection turns up a serious problem such as foundation shifting or damage to the structure from carpenter ants or termites, then you'll need help from an attorney in negotiating the contract so the seller adjusts the price or make repairs before the sale.

Ensuring The Title Is Clear

You don't want to buy a home with murky details or that has judgments against it. A title search verifies the seller has rights to the property. It also verifies the lot lines and easement areas so you know exactly what you are buying. The search will also uncover additions to the house that were added against codes such as a bathroom that didn't have a permit and go through the inspection process, or a well that is placed too close to a septic tank. You want to make sure the title is free and clear and that you are legally able to buy the home and take possession of it. If problems are found with the title, you'll need the advice of an attorney about whether you should proceed with the sale. An attorney can also advise on the matter of title insurance that protects you in case the title search missed something important and you run into problems later on with ownership of the house or additional fees.

When you hire a real estate attorney to help you buy a house, you can have peace of mind that you aren't being taken advantage of and putting your money at risk. A home is a big investment and a huge responsibility so you want to start with a clean slate rather than buy a home that will mire you in legal and financial difficulties.


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