What are the advantages of hiring a real estate lawyer when purchasing a home?

Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special legal issues and problems not present in other transactions. A real estate lawyer is trained to handle these problems and has the most experience to deal with them. In the typical home purchase, the seller enters into a contract with a real estate agent, usually in writing. When the broker finds a potential buyer, they conduct the negotiations and most often act as an intermediary (the go-between) between the buyer and seller. Once an informal agreement is reached, the buyer and seller enter into a formal written contract for the sale of the new home. This is known as the purchase agreement.

• Avoid Vague or Unclear Terms

A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations.

• Purchase Agreements

The purchase agreement is the single most important document in the transaction. Although standard printed forms are useful, a lawyer is helpful in explaining the forms and making changes and additions to reflect the home buyer's and the seller's desires.

Ensuring the seller has properly made all legally-required disclosures about the home, and likewise allowing the buyer ample opportunity to analyze the disclosures

• If the property has changed or if there has been an addition to the property, was it done lawfully?

• If the buyer has plans to change the property, can that be done lawfully?

• What happens if a buyer has a home inspector inspect the property and termites, asbestos, radon, or lead-based paint is found?

• What if the property is found to contain hazardous waste?

• What are the legal outcomes if the closing does not take place, and what happens to the down payment?

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