This mornings question is: "Do i need an attorney for my closing? What if it is a cash closing, do i need an attorney if i am paying cash?"

CASH PURCHASES

Even as a cash transaction, you as the buyer have a right to have an attorney, title company or closing company represent you in the closing.

If  you do not already have an attorney when writing your offer, adding the statement on the purchase agreement in the paragraph of where the closing is to take place  "closing to be at the buyers attorneys office",  will give you time to get one and protect your rights and interests.

They will complete the title search to make sure the property is free of liens upon closing, they will review the sellers deed transfering the property to you to make sure it is acceptable and complete the closing, including preparing the settlement statement known as the HUD and conduct the actual signing. You should not rely on the sellers attorney that is looking out for the seller who is not looking our for your best interests.

IF YOU ARE GETTING A MORTGAGE

If you are getting a mortgage you do need to hire an attorney as the mortgage compnay/bank will hire a attorney, title company or closing company to conduct the closing and provide all the services to represent your best interests. You do not have to hire a serpeate attorney on top of this, but some buyers do at their added expense.

Blog updated August 19, 2010

Blog written by:

Scott Godzyk
Godzyk Realty group

Manchester NH

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2 Comments on DO I NEED AN ATTORNEY?

AUG
19
2010
174,297 Points 4 Featured Posts Called Shot Master

Scott,  Here in Arkansas, There is not a need for an attorney to represent the buyer.  It is of course allowed, and I look them in the eye and tell them that I would never tell them to NOT hire an attorney.  It is a matter of preference in this market.  We also do closings were the the attorney handles the entire closing...cutting the title company out of the closing loop. 
9:25am • #1
381,187 Points 2 Featured Posts Outside Blog Attended Rain Camp

I never gave this much thought until recently.  A scheduled closing this month was delayed because my buyer caught a gap in the title insurance of about 12 days.  The title company would not do a new search without an additional $750.  The odds are slim but what if the seller had taken out a second loan or a workman's lien had been placed in this time frame.  The buyer would have been on the hook.

 

SCOTT hope you didn't mind me re-blogging.  My buyers attorney knew the attorney of the title insurance company ans was able to get a waiver on the 12 day period in question.  Without an Attorney she would have never caught this.
11:10am • #2


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Scott Godzyk, One of Manchester NH's Leading Agents (Godzyk Real Estate Services) Rainmaker_large

Scott Godzyk, One of Manchester NH's Leading Agents

Manchester, NH

More about me…

Godzyk Real Estate Services

Address: pob 4783, Manchester, NH, 03108

Office Phone: (603) 661-2121

Email Me

Scott Godzyk is the Owner/Broker of The Godzyk Real Estate Services located in Manchester NH. With 25 years of Real Estate experience Scott specializes in Listing and Selling Bank Owned Homes, Short Sales, Residential Properties, Condominiums, New Construction and Investment Properties. Scott services the counties of Hillsborough, Merrimack, Rockingham and Belknap. To contact Scott Godzyk please call 603-661-2121 or email sctprop@aol.com. his website is www.ScottSellsNH.com.


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