what to ask a lawyer when buying a house

by Kattie Mitchell 9 min read

Thankfully, choosing a real estate attorney doesn't have to be a hard process if you ask these eight questions.
  • What Credentials Do You Have? ...
  • What Experience Do You Have? ...
  • How Much Do You Charge? ...
  • How Many Clients Do You Serve? ...
  • How Much of Your Work Is Dedicated to Real Estate?
Aug 28, 2019

What questions should you ask when buying a house?

Mar 12, 2021 · What should I ask a lawyer when buying a house? Belinda Moffat 05:00, Mar 12 2021. 123RF. If you don’t speak to your lawyer before you sign on …

Do I need a lawyer to buy a house?

Sep 13, 2019 · Questions to Ask about Cost and Budget For many people, a house is the biggest purchase of their life, which means you should ask a lot of questions about what you’re getting before you make an offer. 1. What Are My Total Costs? Unless you’re paying cash, the sticker price of a house is not the actual amount you pay.

Do I need a real estate agent to buy a house?

9 hours ago · [ ASK A REAL ESTATE PRO: Lawyer Gary Singer answers questions about real estate ] I often deal with people who say they are in sync until we start writing out the agreement and realize they had ...

Why do I need a real estate attorney?

Jul 25, 2021 · To help you get started, we’ve created a list of 66 questions to ask when buying a house, broken down into each stage of the homebuying process to help keep you informed. 11 questions to ask before you go house hunting. As you well know, buying a house is a significant investment. Before you start house hunting, think through your goals for ...

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What are good questions to ask before buying a house?

12 Critical Questions To Ask When Buying A HouseWhat Is The Risk Of Natural Disaster? ... Are There Health Or Safety Hazards? ... How Old Is The Roof? ... Are The Major Appliances In Good Condition? ... What Is The Cost Of Utilities? ... What's Included In The Sale? ... Have There Been Any Additions Or Renovations?More items...•Feb 23, 2022

What are the 3 questions that you should ask before making the decision to buy a house?

Here are three questions you should ask yourself before you make an offer:Does this purchase fit well with your financial goals? Financial goals are unique to each individual. ... Can you afford it? You must have thought about affordability before starting to look for the house. ... How much of a tax break would you get?Jul 21, 2016

What to check before buying a house?

What To Look For When Buying A HouseHouse Size. You should have a general idea of what size house you want before you even find a real estate agent. ... The Ideal Yard. ... The House's Exterior. ... Bedrooms. ... Bathrooms. ... Living Room. ... Heating And Cooling Systems. ... Basement.More items...•Dec 13, 2021

What to check while buying a house?

Key legal checklist for buying a propertyFlat purchase checklist.Verify the identity of the seller.Conversion and land-use permissions.Construction approvals.Occupancy certificate.Status of tax payment.Encumbrance.Physical survey and access to the property.More items...•Mar 4, 2022

What questions should I ask before buying a house?

Before you buy a house, you want to ask about the cost and what’s included. You also want to ask about prior damage, exposure to natural disasters,...

What are three questions to ask before buying a house?

Three important questions to ask before you buy a house are: What are my total costs? What are similar houses going for in the neighborhood? Does t...

What are the most important questions to ask when buying a house?

The most important questions to ask when buying a house have to do with budgets, such as how much does the house cost, what’s included in the sale,...

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.

Where do I file a deed for real estate?

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.

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.

Do sellers need an attorney?

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.

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.

What to ask before buying a house?

Before buying a home, don’t forget to ask about heating, cooling, electric, and internet costs! (And water, sewer, trash, recycling, etc.) To make sure a house will truly fit into your monthly budget, it’s essential to understand what utilities cost in a typical month.

What is an inspection in a home?

Inspection: The inspection evaluates the condition of your future home. More thorough than an appraisal, its goal is to identify anything that’s not in good working order (and therefore might cost you a lot of money in the near future).

What are the hazards of a house?

Common hazards to look out for: 1 Lead paint, which is common in homes built before 1978 2 Asbestos 3 Radon 4 Mold 5 Infestations

Is the sticker price of a house the actual price?

Unless you’re paying cash, the sticker price of a house is not the actual amount you’ll pay. And even if you are paying cash, there will be ongoing costs you should consider to make sure your home fits into your budget. And one more note: you won’t usually know the final cost upfront because of the many unknowns that go into this process. But you can get a ballpark.

Does past water damage affect insurance?

While this may sound like a major bummer, think of it as fair warning: if a house experienced past water damage, there’s a higher risk it could face mold problems in the future.

Do roofs need to be repaired?

Roofs need regular repair, though frequency depends on what kind of roof a property has and what kind of wear and tear it’s seen. Ask this question before buying a house to get a sense of how soon you’ll need to invest in a new roof.

How long does it take to close a mortgage?

The average mortgage takes 42 days to close. During that time, your mortgage broker will be your primary point of contact with your lender and the person in charge of answering questions and making sure all your materials have been completed and submitted correctly. If this person isn’t responsive, your home buying process will be much more frustrating.

What questions should I ask when buying a house?

11 questions to ask before you go house hunting 1 Do you want to earn equity and build wealth by owning a house? 2 Do you expect you might need more space for a future family? 3 Do you have a pet or see one in your future and you want a backyard? 4 Do you want to live in a quiet, established area or somewhere more lively? 5 Do you enjoy yard work, gardening? How much backyard space do you require? 6 Have you considered the local schools and neighborhoods? 7 Have you looked at crime rates around the neighborhoods you’re interested in? 8 Is it essential for you to live close to your work? Or, is a commute ok? 9 Have you narrowed down a range of purchase prices you can afford? 10 How much money do you need for a downpayment? 11 Are you pre-approved for a mortgage?

How many agents should I interview for a real estate transaction?

Most real estate experts recommend that you interview at least three agents identified by recommendations from friends and family who have bought or sold a house recently.

What is a C.L.U.E report?

Get a copy of a Comprehensive Loss Underwriting Exchange, or C.L.U.E., report from the seller to see if there have been any homeowners insurance claims filed in the last seven years. This report can give you an insight into what, if any, damage the home has sustained from a weather event or vandalism that a home inspection doesn’t catch or a seller fails to mention.

Do sellers have to disclose defects?

Sellers are required to provide a disclosure form listing any known defects, but what they don’t disclose and you don’t know can lead to major issues later. That’s why it’s critical to get a home inspection done by a professional home inspector as soon as a purchase agreement is signed.

Is a roof necessary for a home?

Let’s face it: roofs are necessary and expensive. If a home’s roof is at the end of its lifespan and you wind up having to replace it shortly after move-in, you’ll be shelling out thousands of dollars. Ouch. If the roof has existing damage, your lender may require that it be repaired in order to approve your loan.

How to buy a house in Tennessee?

Before buying a house, condo, or other home in Tennessee, contact a real estate agent who can help you find your dream home and handle all the complex procedures involved with its purchase. Some benefits of working with an agent include the person's: 1 knowledge of neighborhoods, median home prices, and market conditions 2 ability to match homes to your needs and budget 3 help preparing a viable offer and handling other paperwork on schedule, and 4 negotiating the final deal with the seller.

What is the disclosure form for a realtor in Tennessee?

To assist sellers in meeting their disclosure responsibilities, the Tennessee Association of Realtors has created a disclosure form, which includes details on the property such as:

Why do you need an independent home inspector?

Most savvy buyers hire an independent home inspector to verify the information from the seller's disclosure. And you will probably want to make your offer contingent upon a satisfactory inspection report to be sure no material defects exist and to identify the following: termites and other pests.

What are the benefits of working with an agent?

Some benefits of working with an agent include the person's: knowledge of neighborhoods, median home prices, and market conditions. ability to match homes to your needs and budget. help preparing a viable offer and handling other paperwork on schedule, and. negotiating the final deal with the seller.

Why do you need title insurance?

Also consider purchasing a title insurance policy to protect the title to the property against adverse claims by third parties, or any clouds on the title missed by the title search . Mortgage companies usually require buyers to purchase a title insurance policy in connection with obtaining a mortgage.

Do you need a lawyer to buy a house in Tennessee?

Unlike some states, Tennessee does not require buyers to involve a lawyer in the house-buying transaction. Even if it’s not required, however, you might decide to engage a lawyer at some point in the process—for example, if buying property in a planned unit development with extensive CC&Rs or purchasing a house in foreclosure.

What are environmental hazards?

environmental hazards, such as mold. remodeling done without a permit. items included in the sale, such as a hot tub, and whether or not they are in operating condition. structural damage from fire, and. neighborhood noise problems.

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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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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 to the other party. Suppose the o…
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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.
See more on investopedia.com