Should I Hire an Attorney Before I Buy?

So you FOUND THE HOUSE and you are under contract!  I know what you may be thinking:  “I have a real estate agent… The seller accepted my offer…and I know a mortgage broker I feel comfortable using who has already provided me with a pre-approval…  I am going to save myself some money and skip paying a $500 lawyer fee for my real estate transaction.”  Before you head down that path, consider that this is not just the biggest investment you may ever make in your lifetime, but this is your dream of being a homeowner that is at stake.

There are endless special issues and nuances related to real property law.  Any issues that are overlooked or not handled properly could become very costly for a new homeowner or a person selling their home.    Having professional legal counsel will give you peace of mind if you encounter any one of the countless issues that could come up during a real estate transaction.  Here are just a few examples:

1. An important term to the contract that you, the other party and both agents all discussed verbally was not properly written or detailed in the contract but the contract has already been signed by all parties.

2. You are buying the property with someone other than your family/significant other.  In this instance, how should title be taken?  How should the deed be prepared?

3. You perform your inspections and there are some major items that the inspector flagged that could affect your ability or desire to purchase the property.  If the contract is cancelled, who is entitled to the deposit?

4. You are buying a property that has been through probate proceeding or foreclosure.

5. You are buying a home in a development with homeowner-association rules.

6. The home you are buying/selling is a multifamily unit and has tenants living in the property.  Are the tenants under a lease? Is there a security deposit? Are the up to date on their rent and how will that affect you as a purchaser or seller?

7. Your lender is requiring that certain items to the home be repaired or installed prior to loan approval.  Who is responsible for these items?

8. The seller has several open mortgage or judgments that came up in the title search.  
If you suddenly have to get out of the purchase, or to negotiate a settlement, having a real estate attorney in your corner can make all the difference.

Your real estate lawyer has the training to prevent the legal headaches along the way you don’t know about.  The professionals at Rosenstein Orapello, PLLC are experienced in dealing with these issues, so contact them before you buy your dream home!

-Charles B. Rosenstein, Esq

 

Should I Hire an Attorney Before I Sell?

So you're selling your house and upgrading! Or perhaps you're ready to ditch the cold and move down south? Then you definitely don't want any roadblocks slowing down the closing process. An experienced real estate attorney will help you address these common concerns should they arise during the closing process for the seller.

•Most buyers finance a substantial portion of the purchase price for a home with a mortgage loan from a Bank or Mortgage company. Your attorney will make sure that the sales agreement contains a carefully worded provision that holds the buyer's to the contract once the buyer obtains a commitment for loan financing, and that it doesn’t slow down the closing process.

•With so many kinds of mortgages out there such as Conventional, FHA, VA, USDA, the sales agreement needs to be clear as to the type of loan the buyer will try to get approved for. Your attorney will explain why the type of loan the buyer wants does matter to a seller.

• Even if the sales agreement is a standard form, problems can arise when the agreement is not properly completed. Its terms will be explained to you, and possibly revised by your attorney as needed.

•A lawyer will help with making sure that you are able to clear up any title issues, which is your responsibility as the seller under a contract of sale.

•Your attorney will help you the seller address any issues revealed during an inspection of the property that the buyer will have done, such as hazardous waste, asbestos, termites or mold.

Whether you're the buyer or the seller, it's important to be represented by a lawyer who can address conflicting interests should the buyer's and seller's interests be at odds with each other. The broker generally serves the seller, and the lender has its own attorney. The broker and the lender want the deal go through, but neither can provide legal counsel. That's where your attorney comes in! The professionals at Rosenstein Orapello, PLLC are trained and committed to serving only their clients' best interests, from the time you begin the process of selling or buying a house, until the actual closing. Contact us today at 518-452-6979!

-Robert Orapello, Esq