Are you thinking about purchasing a house? If you have the cash to spare getting in on the real estate market can be a great time to get in on this lucrative market.
The COVID crisis means prices are lower than normal and some people are selling up as they have lost their jobs.
But when selling a house to purchase a new one should you seek legal help? Here’s everything you need to know about whether you need an attorney or not.
Using a Real Estate Attorney
A real estate closing attorney is someone who is licensed as a lawyer and specializes in real estate transactions.
They are familiar with all aspects of the property purchasing process and can represent buyers, sellers, and lenders. Anybody who wants to hire a lawyer is a good idea, not only from the perspective of a buyer or seller. There are real estate lawyers who can do pretty much anything.
If you want someone to represent your interests you may have to hire a lawyer yourself. In some states, lawyers are required to be present at the closing and they may represent both buyer and lender.
Requirements for the hiring of a real estate lawyer vary from state to state, and in some states, such as California, rules vary by district. Some early hire lawyers to handle matters such as reviewing brokerage agreements with estate agents, while others wait for the sales contract to be drawn before it is concluded. However, a lot of home buyers and landlords alike will save money, especially in states with a lot of restrictions like California, by simply getting their contracts and lease agreements from trusted online sources. For example, you can get lawyer written California state-specific lease agreements from EZlandlordforms.com for a fraction of what a real estate attorney would charge.
Do some research to find a lawyer you can afford.
Remember the cost of a lawyer can exceed $300 per hour in some cases. And that is before plus a flat fee and the several hundred dollars you will be paying at graduation.
Sales Process
There are several situations in which a real estate lawyer can be helpful during the purchase or sale process. You can make several mistakes from selling a home that they can help you avoid. from the review of the purchase contract to a typical purchase transaction to a more complicated one. It doesn’t need to be every real estate lawyer.
A real estate agent can play a central role in the preparation of the contract, but a lawyer can also do a review of its terms.
Real estate agents are also restricted to filling out contract templates and drafting them from scratch. For this reason, more complex contracts may be required to be drafted by a lawyer. If you have decided to hire a lawyer at this stage, it is important to provide a legal review of the contract as few days as possible before it is concluded.
It can help you avoid any problems later on by making contingency plans that are convenient for you. Your timescale to close a property can be affected by the sale of your own home or problems beyond your control, such as unexpected delays in lending.
The Contract
The contract is the most important document in the sale process of a house and contains several issues that can be avoided. If a home inspection uncovers any problems, sellers and buyers can ultimately negotiate on how to pay for the repairs.
In some cases, a sales contract can allow the buyer to withdraw without penalty from the contract.
From the moment you wait for a sale to be completed, every purchase involves dozens of pages of legal documents that need to be reviewed. A solicitor can help sellers and buyers navigate the process, which for first-time homebuyers can be intimidating and confusing.
Searching for a title is routine, but if a lien appears on the property that you are selling or buying, a solicitor will help with the investigation. You can also help to ensure that there is title insurance for your new house to protect you against potential problems.
Interview Some Attorneys
You will want to interview at least a few attorneys so that you can compare their practices, prices, and availability. Recommendations from people you trust such as estate agents and lenders are a good starting point for investors if they are seeking a real estate lawyer.
If you are looking for real estate attorneys in your area, contact the American Bar Association or a nonprofit organization that helps homeowners. Show Sources
Find out the price, which includes time to review, discuss and negotiate all aspects of the documents and the closing event. You will want to find out what the solicitor charges for services in your region and price range. You may pay by the hour or as a lump sum. If available, you can proceed quickly through the process.
This is especially important when you are in the middle of a contentious negotiation that needs to be resolved and you want a lawyer to be available to advise you on how to negotiate with the other party.
Helping You Negotiate
Negotiating issues identified during a home inspection, for example, can cost you thousands of dollars or more. If you hire a lawyer, you have access to an independent third party who will review the contract and represent your interests in the transaction.
Real estate lawyers charge reasonable fees, so hiring such a lawyer is a sound investment. Normally you are not required to hire lawyers as part of the home purchase or sale process, but you may feel that you need one to help you understand complex legal issues.
A real estate lawyer can assure you that you are making the right move and making the biggest purchase you will ever make in your life.
If you are entering a simple transaction, you may not need a real estate attorney in your state but you should feel fine if a real estate agent or company helps you.
Remember making a delayed transaction a costly battle that drags on until you are paid by the hour.
The decision to hire a real estate lawyer depends on your personal preferences. Having a team of professionals at your side – a real estate agent, lender, inspector, or lawyer – can make the buying experience easier, especially for first-time homebuyers.
Selling a House Isn’t Hard With a Great Lawyer
Selling a house or buying a house doesn’t have to be hard. If you have a great attorney on your side the selling process can seem easy.
Listen to your own needs. Do you have enough legal knowledge on your own to sort it out? Or would you benefit from the help of an expert team that specializes in the property market day-in-day-out?
If you are interested in learning more about all things property and selling a house be sure to check out the rest of our site.
