Posts Tagged ‘attorney’

What Help Can a Real Estate Attorney Provide?

Wednesday, November 19th, 2008

 

 

 

 

 

 

 

 

Real estate contracts are legally binding, and often, complex documents.  Whether you are selling by owner, with an agent, or are preparing to sign a contract to purchase, hiring a lawyer can prevent disputes or surprises later on.

What will an Attorney Charge?

  1. The typical fee for reviewing a real estate contract is $250.00 for an average residential sale.  
  2. Attorney’s can also perform a title search, procure title insurance and close the sale, for as little as $500, or as much as $1500, if the sale is more complicated.

What Legal Services Should Be Included?

  1. An attorney will review the contact and terms to ensure that they are clear, legal and enforceable.
  2. They will explain all technical terms and may suggest improvements, if necessary.
  3. An attorney will look for clauses that are problematic and will make suggestions to correct the situation, before a problem occurs.
  4. A lawyer will outline the rights and responsiblities of all parties to the contract.
  5. They will explain who pays for what, and what will happen if something goes wrong.
  6. In most states, your attorney can hold escrow monies and disburse funds at closing.

Tip:  Whether buying or selling, you should have a lawyer review any legally binding documents BEFORE you sign them.   If you find yourself in a situation where you must sign a contract before you consult an attorney, write the following phrase into the special provision section.  Have all parties initial the change, then, see a lawyer as soon as possible.

“Contract is subject to approval by buyer’s/seller’s attorney.”

In conclusion, a lawyer can be an invaluable asset when buying or selling a home.  Their expertise can go a long way to ensure a legal, smooth sales transaction.   

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