what kind of lawyer do i need to buy a house

by Prof. Bryon Flatley MD 7 min read

real estate lawyer

Why should you hire a lawyer in selling a house?

Mar 26, 2022 · Furthermore, attorneys can protected proof that judgments or liens have been resolved. That is crucial should you occur to ever plan to accumulate a mortgage

Why do I need a lawyer when buying a house?

Jan 31, 2020 · 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 we need a real estate lawyer for buying a house?

Jun 30, 2019 · Commercial real estate lawyers, for example, will know the ins and outs of the industry. They understand what clients need in inspection and legal property sale. They will find out ways to leverage a better price for the property as well. The cost of a real estate attorney is nothing from the support they can provide.

Do you need a lawyer to buy a house?

Mar 13, 2022 · 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. A …

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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 can an attorney do to help with title insurance?

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. They will also determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners.

What is a purchase agreement?

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: 1 If the property has changed or if there has been an addition to the property, was it done lawfully? 2 If the buyer has plans to change the property, can that be done lawfully? 3 What happens if a buyer has a home inspector inspect the property and termites, asbestos, radon, or lead-based paint is found? 4 What if the property is found to contain hazardous waste? 5 What are the legal outcomes if the closing does not take place, and what happens to the down payment? 6 Will the down payment be held in escrow by a lawyer according to the escrow instructions? How is the payment to be made? Is the closing conditioned upon the buyer obtaining financing?

What is a title search?

Title Search. After the purchase agreement is signed, it is necessary to establish the state of the seller's title to the property to satisfy the buyer and the financial institution. Generally, a title search is ordered from an abstract or title insurance company. In some states, title insurance is not typical.

How to avoid problems with a home purchase?

Avoid Vague or Unclear Terms. 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 to do if a lawyer is not needed during the negotiation process?

Even if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction. The tax consequences may be of critical importance to a home seller.

What is the purpose of an attorney when signing a deed?

Once the deed and other closing documents are signed, an attorney can make sure that these documents are appropriately executed and explained to everyone.

1. Mandatory Needs for a Real Estate Lawyer on Some States

There are a handful of states list real estate attorneys as mandatory. In any real-estate deal, they are crucial to make sure that both sides are getting a fair deal. A lawyer will guarantee both parties move with the transaction up to their best interest.

2. Real Estate Lawyers for First Timers

For those who are starting a business and need a property, it’s vital to have a real estate attorney by your side. Real estate attorney fees aside, you will save tons of money if you have somebody who knows the law.

4. When to Hire a Real Estate Attorney

It looks like a real estate attorney is crucial in all transactions. That, however, is false. The thing is, many real estate transactions tend to have better language and design. Many companies now provide better, easier to understand documents with no frills.

5. Real Estate Closing Work for Attorneys

When you’re at the closing stage of your real estate transaction, you want to have everything prepared. The deed and closing papers need proper preparation. Everything needs to be in the correct order.

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.

Why do I need a real estate attorney?

Reasons to hire a real estate attorney even if it’s optional 1 You’re an out-of-town buyer. 2 You’re buying a property that is a short sale or bank-owned. 3 You’re buying a property that is part of an estate sale. 4 You’re buying a commercial property. 5 You’re buying a property that could potentially have some structural issues. 6 You’re buying a property in a problematic area such as a flood zone or areas with adverse conditions (tornado-prone, radon, toxicity levels, etc.).

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.

Do I need a lawyer to buy a house?

Short answer: Yes. This is the biggest transaction of your life ( geez… no pressure ), and you want to have someone in your corner who knows all the ins and outs of purchasing a property in your city.

Does it have to be specifically a real estate lawyer?

Many law firms will have someone specifically in the office that handles this type of law. Typically these contracts are pretty standard stuff, but you will want them to have experience in property law to have all your bases covered. We will get to what to ask a little later.

What are the legal fees when buying a house?

The legal fees will vary from location to location. In general terms, you will want to bookmark 1.5 % in legal fees (so $3000 on a $200,000 home) for legal fees when you start looking for your home. The best thing to do is to ask your lawyer as part of your process in finding a lawyer when buying your home.

What does a lawyer do when you buy a house?

The lawyer will get all the paperwork ready and make the transfer of the home from the buyer ( that’s you!) to the seller a lot easier. They get everything ready for you and do any background checks and other things related to the transfer of property.

How to Find a Lawyer in 3 Easy Steps

For most first-time homebuyers, this might also be one of your first dealings with a lawyer. Given that this is likely one of the largest purchases you will make, you want to make sure you’re represented properly. We’ve outlined a few helpful suggestions below that we hope will help guide you through the process.

What do mortgage lenders look for in a mortgage?

To do this, they look at what your debt-to-income ratio (DTI) would be after taking on a mortgage.

Why do you need an appraisal for a house?

If you're taking out a mortgage, your lender will require an appraisal to ensure the house is worth the amount of money they're giving you.

What is the average mortgage rate in Georgia?

Mortgage rates are low: In Georgia, mortgage rates average 2.38% for a 15-year mortgage and 2.94% for a 30-year mortgage. If you're on the hunt for your dream home, finding the right agent makes all the difference.

How long is a mortgage?

While there's a wide range of mortgage terms, most conventional mortgages are for 15, 20, or 30 years. With a shorter term mortgage, you'll have a lower interest rate, but a higher monthly payment.

How much down payment do you need for a conventional loan?

For a conventional loan, you'll need a down payment of around 20% . Government-backed loans, like VA and FHA loans, have lower down payment amounts because they use other means to offset potential risk. For instance, veterans can qualify for a VA loan with no down payment but must pay a one-time VA funding fee.

How much does a home owner spend on maintenance in Georgia?

These costs usually have to be paid out of pocket, so make sure you have savings to cover them. Homeownership costs: In Georgia, homeowners typically spend $2,331 in maintenance costs annually, but this can vary widely based on the house. In general, you should save 1% of the house's value each year for repairs.

How to separate "nice to haves" from "must haves"?

Start by writing out a list of everything you want in a home. Rank each item based on how important it is to you. This will help you begin to separate your "must haves" from your "nice to haves."

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Contracts

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Most individuals can negotiate face-to-face with another party. However, the terms of the deal must be properly recorded in a contract for them to be legally binding. Attorneys can negotiate on your behalf and also make sure that the contract adheres to all state laws. Furthermore, they can address any specific issues that …
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Title Searches

  • Another vital service that attorneys perform is called a title search. Its purpose is to ensure that the property is free of any encumbrances, such as liens or judgments. The title search is essential because it reveals whether the seller has the legal right to sell the property. Although anyone can do a title search, an attorney will be able to do it faster and better. If they don't do it themselves, t…
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Property Transfers

  • When one or more parties are corporations, trusts, or partnerships, the contract preparation and the ensuing negotiations are complicated. 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 …
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Filings

  • Real estate deeds often need to be filed at the county and state levels. An attorney will be able to do this quickly and efficiently. In some cases, the transaction might involve property in an area where certain types of construction are not allowed. If that happens, an attorney will be able to navigate the maze of state regulations so that you can complete the transaction. If the transacti…
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Dealing with Discrimination

  • Lawyers can certainly help if you face discrimination during the home buying process. Even though most real estate lawyers do not specialize in that area, they will probably know an attorney who does. However, don't let anyone convince you that you need to have lots of money or a high-priced legal team to respond to discrimination. Laws exist to protect everyone, regardless of inc…
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The Bottom Line

  • Having legal counsel makes good business sense because of the complexities that come with real estate transactions. Experienced real estate attorneyscan help to protect your interests. They ensure that your transaction adheres to the applicable rules of your state and municipality. That way, the closing process can work to the satisfaction of all involved.
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