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Do I Need a Real Estate Attorney?

The home buying process involves many legalities whether you are purchasing your first home or upgrading to a larger home for your family. To make it more complicated, each state has its own set of regulations relating to legal requirements you must meet and who must be involved in completing the purchase of a property. In many cases, a real estate agent can handle many of the aspects of home buying. For the legal processes, an Aurora estate planning attorney can provide the rest.

Situations Where Attorney Assistance is Suggested

Most of the legal issues occur when you are negotiation with the seller before closing and when making a purchase offer. We’ve compiled a list of the most common situations where a real estate attorney can make things smoothers.

  • Title report problems, such as when certain things are not noted in the title and need to be rectified properly.
  • Buying a house with others and the need for a co-owner agreement to document how you wish for the title to be held.
  • Drafting a contract allowing a seller to keep the property beyond closing but being required to pay rent for the duration.
  • Documentation if the seller allows you to store items in the home and how any damage will be handled if it occurs.
  • Making sure the current tenant will be moved out of the home before closing.
  • Need for assistance reviewing documents like new home contracts, CC&Rs, or co-op proprietary leasing.
  • Assurance that legal claims on the property are properly dealt with before sale.
  • Help with structuring a loan from a relative or friend to purchase the property.

Knowledge on Your Side

These situations are rare and many buyers never have to consult an attorney throughout the process of purchase. However, being aware of situations where an Aurora estate planning attorney can help is important in case the need arises. If you aren’t sure whether your situation warrants the help of an attorney, it’s always best to have a consultation and determine that with a practicing lawyer.

Professional Real Estate Attorneys

The Fitzgerald Law Firm P.C. offers free consultations for those in the process of purchasing a property. We can give you advice on whether you need the assistance of a lawyer and answer any questions you might have about the legalities of the transaction. To get in touch with us, you can call the office at 630-946-6060.

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    Author: phineasgray

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