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Should You Hire An Attorney Before Buying A Home?

by | Apr 28, 2016 | Real Estate Closings

A home is one of the highest dollar purchases that any person will make in their lifetime. Especially the first time you buy a home, the process can be quite overwhelming. It’s hard enough to choose a real estate agent, find a home, make an offer, and survive the inspections and negotiations that will follow.

Then, on closing day, you sit down at the table and look at an intimidating stack of paperwork on which you’ll have to sign your name. The legal implications of buying any type of real estate cannot be overstated. Many people wonder whether or not they should enlist the services of a closing attorney before they sign on the dotted line. In South Carolina, an attorney is required to handle and or supervise many aspects of a real estate closing.

Your Real Estate Agent Is Inexperienced

On one hand, real estate contracts have become very standardized. An experienced real estate agent will have gone through the process many times, and they’ll be able to explain each step of the legal process in terms you can understand. However, all real estate agents have to start somewhere, and it’s possible that you’re working with an agent that’s only sold one or two other homes before yours. In this case, it’s probably a good idea to consult with a real estate attorney just to make sure the paperwork is in order and your rights are being duly protected.

Investigating Title Issues

One document you’ll be asked to review during the home buying process is the title report. This is a “written analysis of the status of title to real property, including a property description, names of titleholders and how title is held (joint tenancy, etc.), tax rate, encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due.” These documents can be quite convoluted and if there’s anything you don’t understand completely, it’s a good idea to get the professional opinion of a real estate attorney.

There Are Special Circumstances Involved

Not two real estate transactions are exactly the same. If you’re in a situation where there will be multiple owners, strange HOA requirements, or the condominium association from which you’re buying is involved in current litigation, it’s very important to make sure you’re not getting involved in something illegal. Failure to do so could forfeit your rights in unforeseen ways.

Hiring De Bruin law firm as your real estate attorney can provide peace of mind in any situation involving the buying and selling of property. Contact us for a consultation today.

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