DO I NEED AN ATTORNEY?

By
Real Estate Agent with Godzyk Real Estate Services

This mornings question is: "Do i need an attorney for my closing? What if it is a cash closing, do i need an attorney if i am paying cash?"

CASH PURCHASES

Even as a cash transaction, you as the buyer have a right to have an attorney, title company or closing company represent you in the closing.

If  you do not already have an attorney when writing your offer, adding the statement on the purchase agreement in the paragraph of where the closing is to take place  "closing to be at the buyers attorneys office",  will give you time to get one and protect your rights and interests.

They will complete the title search to make sure the property is free of liens upon closing, they will review the sellers deed transfering the property to you to make sure it is acceptable and complete the closing, including preparing the settlement statement known as the HUD and conduct the actual signing. You should not rely on the sellers attorney that is looking out for the seller who is not looking our for your best interests.

IF YOU ARE GETTING A MORTGAGE

If you are getting a mortgage you do need to hire an attorney as the mortgage compnay/bank will hire a attorney, title company or closing company to conduct the closing and provide all the services to represent your best interests. You do not have to hire a serpeate attorney on top of this, but some buyers do at their added expense.

Blog updated August 19, 2010

Blog written by:

Scott Godzyk
Godzyk Realty group

Manchester NH

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Re-Blogged 1 time:

Re-Blogged By Re-Blogged At
  1. John Walters 08/19/2010 11:07 AM
Topic:
ActiveRain Community
Location:
New Hampshire Hillsborough County Manchester
Tags:
buying and selling tips
cash closings

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Rainer
174,297
John Howard
Century 21 LeMac Realty - Mountain Home, AR
GRI, Mountain Home, Arkansas 870-404-3614

Scott,  Here in Arkansas, There is not a need for an attorney to represent the buyer.  It is of course allowed, and I look them in the eye and tell them that I would never tell them to NOT hire an attorney.  It is a matter of preference in this market.  We also do closings were the the attorney handles the entire closing...cutting the title company out of the closing loop. 

August 19, 2010 09:25 AM #1
Rainmaker
384,961
John Walters
Frank Rubi Real Estate - Slidell, LA
Licensed in Louisiana

I never gave this much thought until recently.  A scheduled closing this month was delayed because my buyer caught a gap in the title insurance of about 12 days.  The title company would not do a new search without an additional $750.  The odds are slim but what if the seller had taken out a second loan or a workman's lien had been placed in this time frame.  The buyer would have been on the hook.

 

SCOTT hope you didn't mind me re-blogging.  My buyers attorney knew the attorney of the title insurance company ans was able to get a waiver on the 12 day period in question.  Without an Attorney she would have never caught this.

August 19, 2010 11:10 AM #2
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Scott Godzyk

One of Manchester NH's Leading Agents
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