Anyone considering purchasing a home will want to consider the requisite costs. The purchase price of the home is the largest cost but is only one of many fees that will add up to the complete cost of your real estate purchase. In some states, you are required to hire a real estate closing attorney with any real estate transaction. In other states, real estate closing attorneys are not required but optional. Check your local laws concerning real estate purchases.
The best step you can take is to review the housing and mortgage situations with your agent and mortgage broker, respectively. You will also want to do a thorough review of the mortgage documents prior to signing anything. This will give you an idea of whether there are some unique cases with your purchase that require a professional legal opinion.
They will work with your mortgage loan officer, the home seller’s attorney and agents to make sure that dates are set for: attorney approval, home inspection, mortgage commitment, and other contingencies. This is critical because many states have certain requirements and limitations on the timelines for these events. Missing any of them could add extra fees or prevent you from backing out of a deal even if you find something catastrophically wrong with the property.
They are also extremely helpful in negotiating for unpaid prorated expenses due to you from the seller, such as property taxes, condominium assessments, and utilities. Attorneys don’t typically counsel homebuyers through the purchase negotiations, but you can ask yours for assistance.
An attorney who specializes in the residential real estate will review your purchase contract before you sign it. This is especially recommended for first-time homebuyers. Excitement and anxiety tend to take over when you buy your first house, which makes it easy to miss critical terms.
In most states, attorneys can change the legal language in a purchase contract and void a purchase contract under state laws. You might need this in case an inspection comes back with serious red flags such as mold, plumbing, or foundation issues.
Once you begin to go through the process and understand the steps and procedures, you will be glad that you have another seasoned pair of eyes looking out for your best interests.
Any party that has an ownership interest in the property needs to attend the real estate closing. Those looking to be on the new deed or mortgage should also be present. If someone is not able to attend for any reason, we have mechanisms in place that will allow a representative to sign for them if the lender is open to this option.
For example, a straightforward purchase of a small starter home will require less on the part of a real estate closing lawyer, and thus will be less expensive than the purchase of a mansion by a foreign purchaser.