Know When to Involve a Real Estate Attorney When Purchasing a Home

by | Feb 2, 2018 | Lawyer

It’s always an exciting moment when you get to purchase a home, especially if this is your first home. As much as it is a positive experience, it can also be rather complicated and confusing for the buyer. There are several legal issues that may crop up before and during the time in which the real estate purchase is occurring. A handful of these includes zoning issues, issues with disclosure agreements, title defects, and more.

Some problems require the expertise of real estate attorneys in Hampshire, while others likely do not. The following are examples of times when an attorney is your best bet.

  • When you are working with a homeowner’s association and require legal help with reviewing development agreements associated with the community. Real estate attorneys in Hampshire can also help review other documents like new home contracts and CC&Rs.
  • A real estate lawyer can review your purchasing agreement and determine if it is correct before being finalized. They also will assist with any title transfer issues before closing on the home.
  • When buying a home jointly with others, an attorney can draft a co-buyer agreement complete with terms and conditions that outline how the title is held between the various owners.

These are times in the homebuying process when an attorney is a great asset to have. However, there are other times when issues arise that might constitute the use of a real estate attorney. Here are a few examples:

  • You need assurance the current tenant will move out before closing.
  • There are problems with the title report.
  • You and the seller want an agreement for them to retain possession of the property for a specific time after closing, but providing you with fair rent.
  • Legal claims on the house require settling before you can buy it.
  • You want escalation clause rights to exceed and meet offers the seller gets while the buying process is happening.
  • You want to move in some of your belongings prior to closing, but want to have agreed terms related to any damages during that time.

An attorney who is well-versed in real estate law will also be able to represent you if conflicting interests come up during the purchase process. If you are in the market for a great attorney, you can contact Casement Group, P.C. to assist you. Simply call the office at 847-278-8657 for a free consultation.

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