Thursday, August 19, 2010

If you purchase a home from a ';For sale by owner';, do you need an attorney to draw up legal papers?

no you can use a title company because clear title is the key, but if you do not use a lawyer and run into problems latter on do not complain you did not knowIf you purchase a home from a ';For sale by owner';, do you need an attorney to draw up legal papers?
you don't have to but it would be the best idea to do it. you want to make sure you are protected and that all terms are in writingIf you purchase a home from a ';For sale by owner';, do you need an attorney to draw up legal papers?
It depends on where you are buying.





In some places, buying a home is much more complicated than others, and not using a good real estate lawyer is begging for trouble.





In other places, just a title company, or a good real estate agent and a title company is all you really need as long as you know what you are doing.
You can check the local county court house to make sure there is a clear title/deed for free... then get a quit claim deed off the internet and you will be required to have it notarized....... Or you can have a title company do the same for a small fee........title company is the safest way to go......
Not if your are an expert at drawing up contracts, filing deeds, doing title searches etc!
No. It's possible to do the conveyancing (transferring the property from one owner to another) yourself as well as the searches (checking out the integrity of the property). Get hold of a conveyancing kit if you can. A legal stationers will provide you with the necessary forms if they don't come with the kit. I'm assuming you're paying for the property up front, as I don't know how you would go telling a bank you are doing your own conveyancing. It's also possible to employ a conveyancer which you may find in the business pages of the phone book. Conveyancers are usually cheaper than attorneys and should be okay for simple transfers.
No, you do not need an attorney to draw up a legal contract and / or to file papers in the required legal system if you are able to do so yourself.





Stores such as Staples and others that cater to businesses have excellent pre-designed contracts for just about anything anyone would want.





However, state requirements for sales contracts vary tremendously from state to state and it is always wise to have an attorney scan a contract before signing it to be sure it complies to the local state and community requirements.





It may cost a hundred dollars to scan the contract but that is nothing compared to what it could cost you later if the contract has intended or non-intended loopholes in it.





Before you contract to buy any real estate property there are many things to know about the property and some things are required by law and some by the financing institution if you are financing. As examples...title search, title insurance, required zoning upgrading, land survey and building inspections...just to name a few.





Almost all real estate sites on the internet offer a great deal of information relative to the do's and do not's of buying and selling real estate...scan a few of those carefully.





Real estate is a huge investment and once the sales contract is signed, you are left with the oversights. Place as much burden of proof on the seller as you are able before signing anything but definitely have a legal representative scan the contract before signing. Do not assume the seller knows all the local requirements which do tend to change with community growth.
This depends on your level of knowledge and comfort with the process. Regardless, I would not go without title insurance. Also, the title insurance company will have an attorney draw a deed for you so there is no need to worry about that. You can get all the forms you need online or at an office supply store. The question is how comfortable are you in filling these out.

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