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pixie_lou

Is it common to use a lawyer to represent you in a RE Transaction

pixie_lou
9 years ago

From some of the threads I'm reading on this forum, it seems like many buyers and sellers are not using Real Estate lawyers to represent them on their transactions. Is this common? Personally I can't imagine spending hundreds of thousands of dollars without legal representation.

Comments (9)

  • sushipup1
    9 years ago

    In some parts of the country, that's the way closings are done. Here in California and in some other states, an escrow/title company would handle the paperwork.

    This isn't the same thing as using a RE attorney for other issues.

  • rwiegand
    9 years ago

    Having done it both with and without, going forward I would always choose to have a lawyer represent me in the transaction, even if it were not typical. The lawyer unambiguously works for you, and is much more likely to uncover issues in the deeds or language than the other folks who might be fine at managing the paperwork. On the scale of lawyers, they are not very expensive.

  • C Marlin
    9 years ago

    I also live in CA, rarely have used an attorney. Unless one has a difficult transaction, they don't add much value here.

  • lazy_gardens
    9 years ago

    AZ has standard documents that MUST be filed with the state, standard disclosure forms, fairly standard contracts, and the title companies handle title checks and the escrow.

    Unless it's more complicated than the usual house purchase, there is no need for a lawyer.

  • debrak2008
    9 years ago

    I'm guessing NY state in one of the most complicated places to buy or sell. Lots of paperwork, etc. Everyone here uses attorneys. Buying or selling a house for many is the biggest financial transaction of your life. I can imagine a lot that can go wrong. We've had issues and am thankful we had an attorney.

  • pnbrown
    9 years ago

    IME always.

    However, the usual case is that for the buyer the bank has hired an attorney to represent the BANK primarily, the buyer secondarily. I got a construction loan and built my own house on a lot bought partially out of loan proceeds. I later learned that lawyer did a very poor title search, missing an abutting parcel entirely which I later had deeded to me from the former owners. Fortunately they did not try to hold me up for more money.

    Attorneys are usually not title researchers, and title research in the former Crown colonies can be very complex, as well as in Florida with titles running back through British possession and then to the Spanish crown.

  • christopherh
    9 years ago

    When I lived in PA the buyer's title company handled all our real estate transactions.

    Here in Vermont the law says you must use an attorney.

  • alisonn
    9 years ago

    In NJ, attorneys are used. My sister just bought a house in PA and that was not the case. And the transaction went very smoothly.