should i use my own lawyer when buying a house

In most states, you do not need a lawyer to buy a house. But in others, a lawyer is required to execute key parts of the transaction. Furthermore, some mortgage lenders may require the use of a lawyer even if it’s not required by your state!

Full Answer

Why do you need a lawyer when buying a home?

Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special legal issues and problems not present in other transactions. A real estate lawyer is trained to handle these problems and has the most experience to deal with them.

Do you need a real estate attorney to buy or sell?

Do You Really Need a Real Estate Attorney to Buy or Sell a House? Answers Ahead If you’re buying or selling real estate, you may have heard you should hire a real estate attorney.

Do you need a title lawyer to buy a house?

Title. A title search is routine before a purchase, and might turn up a lien on the property you’re selling or buying, which a lawyer can help investigate. A lawyer also could help ensure the title insurance on your new home adequately protects you from potential issues.

Should I hire a lender's attorney or a buyer's attorney?

It should be noted that despite the potential disadvantages, the vast majority of homebuyers in Massachusetts choose the lender's attorney to also provide buyer representation.

Why do you need a lawyer to buy a house?

Perhaps the most important reason to be represented by a lawyer when buying a house is conflicting interests of the parties. Throughout the process, the buyer's and seller's interests can be at odds with each other, and even with those of professionals involved in the sale. The broker generally serves the seller, and the lender is obtained by the buyer. Both want to see the deal go through, since that is how they will get paid. Neither can provide legal counsel. The respective lawyers for the buyer and seller will serve only their own clients' best interests. Seeking the advice of a lawyer when buying a house is a very good idea from the time you decide to sell or to buy a home until the actual closing.

What can a lawyer do for a seller?

The seller should have the advice and guidance of a lawyer when buying a house with respect to a brokerage agreement. ...

What is the contract between a seller and a real estate agent?

In the typical home purchase, the seller enters into a brokerage contract with a real estate agent, usually in writing. When the broker finds a potential buyer, negotiations are conducted through the broker, who most often acts as an intermediary. Once an informal agreement is reached, buyer and seller enter into a formal written contract for ...

What does a title attorney do?

Assuming you are in an area where title insurance is customary, an attorney can help review the title search and explain the title exceptions as to what is not insured, and determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners. He or she can also explain the effect of easements and agreements or restrictions imposed by a prior owner, and whether there are any legal restrictions which will impair your ability to sell the property.

Do you need a lawyer for a sale?

Even if a lawyer is not needed during the course of negotiations , the buyer and seller each may have to consult with a lawyer to answer important questions, such as the tax consequences of the transaction. To a seller, the tax consequences may be of critical importance. For example, the income tax consequences of a sale, particularly if the seller makes a large profit, may be considerable. An attorney can advise whether the seller can take advantage of tax provisions allowing for exclusion of capital gains in certain circumstances.

Can a seller pay more than one brokerage commission?

But in the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or to pay more than one brokerage commission. If the agreement allows the seller the right to negotiate on his or her own behalf, for example, you may avoid this problem. A lawyer can explain the effect of multiple listings. He or she can negotiate the realtor's rights if the seller withdraws the property from the market, or can't deliver good marketable title.

Why do you need a lawyer for a mortgage?

Furthermore, attorneys can secure proof that judgments or liens have been resolved. That is important if you ever plan to obtain a mortgage or loan against the property.

What do attorneys do in real estate?

Attorneys make sure all paperwork is properly drawn up and filed with the authorities. Attorneys do title searches and can negotiate should a search uncover a problem. Ideally, buyers and sellers in a real estate deal should be represented by lawyers to safeguard their rights and watch their interests.

Why do attorneys do title searches?

The title search is essential because it reveals whether the seller has the legal right to sell the property.

Why is legal counsel important?

Having legal counsel makes good business sense because of the complexities that come with real estate transactions. Experienced real estate attorneys can help to protect your interests. They ensure that your transaction adheres to the applicable rules of your state and municipality.

How long do you have to review a real estate contract?

In many states, the buyer and the seller have three days to review a real estate contract before it becomes legally binding. Some buyers and sellers aren't aware of this. A lawyer will make the client aware of it, review the contract for legal glitches, make necessary changes, and insert useful contingencies .

What happens if a deed is not transferred correctly?

If a deed is not transferred correctly, it could lead to income or estate taxes for buyers and sellers.

What is a contract attorney?

An attorney understands these different types of business arrangements and their legal boundaries within your state's law. The attorney will ensure that the contract is consistent with the law and the partnership's, trust's, or corporation's charter agreements.

Why do you need an attorney when selling a house?

You’re the heir or executor of a property whose owner is now deceased. You’re selling a house with an uncooperative partner. You have judgments or liens on the property.

What does a real estate attorney do, anyway?

The job of a real estate attorney is to negotiate and make a transaction come together in a peaceful manner that’s fair and amenable to all parties.

What is the education required for real estate agents?

As part of agents’ licensing education, they’re taught and tested on real estate contracts used within their state, many of which also require continuing education courses and/or certifications on subjects such as ethics, buyer’s agency, distressed property sales, and more.

Which states require a real estate attorney to be present at closing?

These include Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. Keep in mind that these rules can vary by region within states, too.

Who attends closing with real estate agent?

In case any last-minute issues crop up, the attorney will attend your closing along with your real estate agent and possibly a representative from your lender.

Does realtor.com make commissions?

The realtor.com ® editorial team highlights a curated selection of product recommendations for your consideration; clicking a link to the retailer that sells the product may earn us a commission.

Why do you need a lawyer for a home purchase?

A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations.

What is real estate lawyer?

A real estate lawyer is trained to handle these problems and has the most experience to deal with them.

What is the role of a realtor in a home purchase?

In the typical home purchase, the seller enters into a contract with a real estate agent, usually in writing. When the broker finds a potential buyer, they conduct the negotiations and most often act as an intermediary (the go-between).

What is the formal contract for the sale of a home?

Once an informal agreement is reached, the buyer and seller enter into a formal written contract for the sale of the new home. This is known as the purchase agreement . The home buying process then follows the following steps:

What is the most important document in a home purchase?

The purchase agreement is the single most important document in the transaction. Although standard printed forms are useful, a lawyer is helpful in explaining the forms and making changes and additions to reflect the home buyer's and the seller's desires. There are many issues that may need to be addressed in the purchase agreement, such as:

Can a seller be forced to pay more than one brokerage commission?

In the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or they may be forced to pay more than one brokerage commission. If the agreement allows the seller the right to negotiate on their own behalf, however, you may avoid this potential problem.

Who receives the purchase price bargained for in the contract?

Finally, the property is transferred from the seller to the buyer, and the seller receives the purchase price bargained for in the contract.

What does a real estate lawyer do?

Real estate lawyers assist buyers and sellers during the homebuying process. Gennady Litvin, an attorney at Moshes Law Firm located in New York, says that hiring a real estate lawyer can be very helpful.

Who does a real estate lawyer represent? Buyers, sellers, or both?

One real estate attorney can represent either the buyer or the seller during the real estate transaction process, but typically not both. That’s because lawyers are hired to protect the interest of their clients, making it difficult to represent two parties on either side of the sale. If a borrower needs a mortgage loan, then the attorney who completes the closing may not represent the buyer or seller, but instead the lender.

How much does a real estate lawyer cost?

In 2020, a real estate lawyer charged between $150 and $450 per hour. That may seem like a lot of money, but Laricy contends, it’s a smart way to protect your interests and avert risk.

Do you need a lawyer to buy a house?

In most states, you do not need a lawyer to buy a house. But in others, a lawyer is required to execute key parts of the transaction. Furthermore, some mortgage lenders may require the use of a lawyer even if it’s not required by your state!

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

How to find a real estate lawyer?

Utilize your state’s Bar association directory: Your state Bar association’s website can help you locate lawyers in your area who practice real estate law. Use the American Bar Association’s directory to help you find your state’s website.

What Is A Real Estate Attorney?

A real estate attorney, also known as a real estate lawyer, is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale or short sale.

How Much Does A Real Estate Attorney Cost?

How much you’ll spend paying your real estate attorney (or attorneys) will depend on what services they’ve provided for you and who is responsible for that particular closing cost. If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your real estate contract has been negotiated.

How to find out about an attorney?

Use an online legal review site: There are many online review websites that will give you information on attorneys in your area, including their specialties, fee structures and any reviews left by former clients.

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

What to ask if someone recently purchased a home?

Ask for recommendations from friends and family: If someone in your social circle recently purchased or sold a home and had an attorney, you might consider asking them who they used and what their experience was like.

What Does a Real Estate Lawyer Do?

A real estate lawyer is licensed to practice law and specializes in real estate transactions. A real estate lawyer is familiar with all aspects of the home purchase process and can represent buyers, sellers or lenders.

How much does a lawyer cost?

The cost for a lawyer could be around $200 to $300 an hour, or just a flat fee of several hundred dollars that you pay at closing.

What does exclusive representation mean when buying a house?

Exclusive representation. When you are buying or selling your home, everyone has an interest in the deal getting done, including real estate agents and the lender. This can make you feel like you’re on your own at times. However, if you hire a lawyer, you’ll have access to an independent third party who can review the contract and represent your best interests throughout the transaction.

What are some situations that are unusual and might require an attorney’s advice and negotiating skills?

Here are some situations that are unusual and might require an attorney’s advice and negotiating skills: You’re buying a home that is part of a special type of sale, such as an estate sale, short sale, auction or purchase from a bank. You’re purchasing a home that’s in another state.

What is closing on a home?

Closing. The moment you’ve been waiting for— closing on a home sale or purchase —often involves dozens of pages of legal documents to review. A lawyer can help both the seller and buyer navigate the review, which can be especially intimidating and confusing to a first-time homebuyer.

Why is it important to have a lawyer in a negotiation?

This is important because when you’re in the middle of a potentially contentious negotiation that needs to be resolved quickly, you’ll want the lawyer to be available to advise you and negotiate with the other party.

What is the most important document in the home sale process?

It can help you avoid potential problems down the line by making the contingencies as favorable to you as possible. The contract is the most important document in the home sale process, and it includes several negotiable issues. Some of the most important issues in the purchase contract involve: Timing. Your timeline for closing on the property ...

What is the service of a buyer's attorney?

In addition to reviewing/negotiating the P&S, another important service a buyer’s attorney performs is to review the closing documents prepared by the closing attorney. Naturally, neither the lender nor the closing attorney’s office would purposefully prepare closing documents that are not accurate, but there is human error, and one can make an argument that a third party trained to represent the buyer’s interest is going to be more likely to catch an error in the closing documents when they are not the person who prepared those documents.

What are the disadvantages of having a lender's attorney?

Disadvantages of having your lender’s attorney provide dual representation: 1. Different services. Closing attorneys provide a myriad of services before, during and after a closing. Among other duties, they review and certify title, review/prepare/record the deed, obtain and payoff existing mortgages, order and payoff municipal bills ...

How much does a closing attorney save?

If the closing attorney agrees to represent the homebuyer free of charge for reviewing the purchase and sale agreement and other items associated with buyer representation, the buyer can potentially save between $400 and $800.

What is a closing attorney in Massachusetts?

That settlement agent is often called the “closing attorney.”. If you're moving to Massachusetts, this part of the closing process may be different than the state you're moving from. The legal fees for the closing attorney is one of several closing costs a homebuyer is responsible for paying at closing. That closing attorney represents the lender, ...

Do closing attorneys discount buyer representation?

Because there are already several items for which the homebuyer is paying the closing attorney, some closing attorneys will discount (or even eliminate) the costs of the buyer representation part of their services if/when the homebuyer chooses the dual representation.

Who pays closing attorney?

The homebuyer pays the closing attorney as part of their closing costs. A buyer also is required to purchase lender’s title insurance, and owner’s title insurance is optional, but recommended. The closing attorney will typically receive a portion of the title insurance premium (for both the lender’s and owner’s policies) as their fee ...

Do closing attorneys negotiate P&S?

Though most closing attorneys certainly have the expertise to negotiate a P&S on behalf of their Buyers, if they are also doing all the typical closing attorney services discussed above and then adding the P&S review/negotiation, it’s fair to question how much time and energy they are able to spend on the P&S negotiation, particularly if they are discounting those services or offering such services for free in lieu of their closing attorney work. This issue is compounded if the attorney has to review/explain condominium documents or prepare other legal documents, as any particular transaction might require.

Contracts

Title Searches

Property Transfers

Filings

Sellers Need Attorneys Too

• If you're selling a property, having an attorney represent your interests isn't a legal requirement in most states. However, not having one increases your chances of being sued by the opposing party for failure to disclose certain information. That is because an attorney must review the home inspection and disclose relevant factsabout the property ...

See more on investopedia.com

Dealing with Discrimination

The Bottom Line