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Buying a home – Considering The Legal Issues

By
Real Estate Sales Representative with Right At Home Realty Inc., Brokerage

When it comes to buying a home, there are a lot of things you must consider that you may never even have thought of. First off, your home will likely be the most expensive thing you purchase in your lifetime so you want to get it right.

You should:

  • Get a great agent
  • Find a good lawyer
  • Look for a reliable home inspector

Finding a knowledgeable real estate agent who knows the inside scoop on what to look for is your first step in the process of buying a home. Then find a good lawyer with expertise in real estate law who will help you close the deal and ensure all the details are covered when you sign the final papers.

When you’re at that point of buying a home, bring your lawyer into the picture as soon as possible so they can start working to protect your interests. This includes ensuring your purchase contract contains all the necessary legal language to protect you if things don’t turn out as originally planned. For example, what if you find out there are serious problems with a dwelling’s foundation that were not made evident when you entered a contract? Your lawyer can insert certain conditions or escape clauses based on valid legal reasons.

If you are buying an older or pre-existing home, one of the safest bets you can make is by having a qualified home inspector do an appraisal on the property. A home inspector will provide you with a detailed appraisal, which may give you reason to back out of a contract when buying a home if they discover something that has not been disclosed by the current owner.

A title search is something that will be required by a lender if you are borrowing to finance a home. But if you are buying a home through a private sale, never assume that just because a person is living in the home that they are the sole owner of the property. You never know what other people or institutions have a stake in the property. The last thing you need is to find out that someone else holds a lien against the home....

To continue reading this article click Buying a home – Considering The Legal Issues

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Vern Eaton
Askov, MN
Realtor 651-674-7449

Great advice.  Buying a FSBO you need all the help you can get to protect yourself.

Jan 28, 2012 08:24 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

While this is written for Canadian buyers, it applies to U.S. buyers too - - - EXCEPT that the language is all different.

No problem, you got the first one right - Get a Great Agent.

We'll take care of the rest for you with referrals to experienced title attorneys and home inspectors.

 

Jan 28, 2012 08:38 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

I agree with Lenn. Now, in certain areas (while it is always important to have a good lawyer) escrows are used for closings, so the attorney may not be paramount.

Jan 28, 2012 09:01 AM
Donald Reich
Madison Specs - New Rochelle, NY
Cost Segregation Specialist

All great ideas here . . . . appropriate for all markets, and something worth sharing with our buyers!

Jan 28, 2012 12:16 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

valid points that apply to every transaction in any area. If buyers stick to these principles there is a much higher likelihood of a sucessful outcome

Jan 28, 2012 12:51 PM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Lots of great advice for buyers both in Canada and in the US.

Jan 28, 2012 01:19 PM
Lee Redwood
Right At Home Realty Inc., Brokerage - Burlington, ON
Your Real Estate Matters

Great feedback everyone.

One thing I forgot to mention in this article is how importatnt it is to source a lawyer that's not only capable. but familiar with the area that your buyers are purchasing in! Local lawyers are schooled on local problems and if your buyers are refererred to use a lawyer that's unfamiliar with the area...well, why take the risk.

Thanks for all your comments!

Lee

Jan 28, 2012 03:19 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes Lee, it's quite important that all the parties be local and have good local knowledge.

Jan 28, 2012 10:41 PM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Great information in this post - every buyer should read it! Surrounding yourself with competent, trustworthy people will reduce your need to know everything!

Jan 29, 2012 12:24 AM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Sundaybell, always good to have a team of experts to look out for your interests.

Jan 29, 2012 01:58 AM
Adrian Willanger
206 909-7536 AdrianWillanger-broker.com - Seattle, WA
Profit from my two decades of experience

Good morning-really sound advise to home buyers, you need your team of professionals representing you in with this major purchase.

Jan 29, 2012 02:47 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Generally speaking we do not use attorneys in California.  Not much you can say nice about California legal environment these days, but that is one of them.

Jan 29, 2012 12:56 PM
Jon Quist
REALTY EXECUTIVES ARIZONA TERRITORY - Tucson, AZ
Tucson's BUYERS ONLY Realtor since 1996

Lenn is right. Find a great agent, one with plenty of experience, and that agent can and will help you with the rest of the entire process.

If a buyer is thinking of a FSBO, and tries to go it alone, that will almost always prove to be a HUGE mistake!

Jan 29, 2012 06:02 PM
Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta
There are certainly lots of agents in each community, so finding the right one that will do the best job for you, is very important
Jan 30, 2012 12:01 AM
Lee Redwood
Right At Home Realty Inc., Brokerage - Burlington, ON
Your Real Estate Matters

Good point about FSBO Jon.

One of my most favorite titled articles discusses just that....take a look at http://www.sundaybell.com/classroom/fsbo-vs-realtor-why-realtors-always-wins/

Every real estate pro and more importanly, the newly licenced people in the industry should be educated and prepared to answer consumer questions pretaining to FSBO. It's such a big risk for them to take...so why would they do it? Its up to us to educate them or they'll get caught up in the glossy FSBO advertising and will make a bad business decision.

One of the most proven cliche's out there, "YOU GET WHAT YOU PAY FOR".

Best,

Lee

Jan 30, 2012 01:55 AM
Anonymous
Anonymous

I will absolutely share these great advises with my buyers

thanks for sharing

jimmy phan

Jan 30, 2012 03:18 PM
#16
Jimmy Phan
KELLER WILLIAMS REALTY IN MOORESVILLES, NC - Hickory, NC
Phan real estate group in hickory

I will absolutely share these great advises with my buyers

thanks for sharing

jimmy phan

 
 
Jan 30, 2012 03:24 PM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Lee, excellent advice. Here in Florida I would substitute title company for lawyer as that is what we use most of the time.

Jan 31, 2012 10:13 PM