Real Estate

For most people, the purchase or sale of their residence is an exciting and emotionally charged transaction. Competent legal representation is an important component of any successful sale.

What does (or should) my real estate attorney actually do?

Real Estate attorneys perform many functions. Although some of these services are not readily apparent or even discussed with clients, they can have dramatic implications for a home seller or buyer.

Among other things, your real estate attorney should:

  • Review your real estate contract, compare the contract’s terms to local standards, advise you on the risks associated with the transaction and suggest modifications to the contract that would be appropriate to your circumstances;
  • Demand and negotiate repairs and/or purchase price credits for defects found after inspection and make sure that those repairs are made in a satisfactory manner;
  • Ensure compliance with the applicable requirements of the subject municipality including inspections, transfer tax reporting, zoning and others;
  • Keep you on track to performing all contractual requirements in a timely manner including the payment of earnest money, repairs, closing date and others;
  • Procure, analyze and clear a commitment for title insurance, including obtaining a waiver of all title exceptions raised;
  • Procure, analyze and deal with problems associated with a reliable survey of the property;
  • Ensure that the other party has complied with all contractual requirements; and
  • Preparation and/or review and approval of all closing documents.
Most real estate transactions involve hundreds of thousands of dollars. Experienced real estate attorneys are an important part of limiting your risk of loss. For example, an experienced attorney will know when a radon test is advisable, or when a Phase 1 inspection should be made, or whether mold remediation should be demanded.
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