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How Important Is An Attorney To Your Real Estate Transaction



W


ould you sign your name       contract without reading it. Did  
to a multi-million-dollar     you know that you have agreed to  
contract for the company      jump off the end of a naval ship  
for which you work without an         into the ocean amidst a ring of   
attorney first looking it over?       fire?” The guy laughed and said   
Probably not, because it is your      the contract did not say that.    
fiduciary responsibility to           The senior chief, who was         
ensure there is no adverse            supervising us and in the room,   
language in the contract. Yet, we     said the contract did say that.   
do it for ourselves all the time.     While everyone else went green in 
                                      color and looking ready to throw  
Years ago when I enlisted into        up, I finished reading the        
the U.S. Navy, several of us were     contract. You could say that      
in the same room to sign our          jumping into a ring of fire in    
enlistment contracts with the         the ocean from a very big naval   
government of the United States.      vessel might be construed as      
Afterwards, we would together go      “adverse language” in a contract. 
on to the next phase of the                                             
enlistment process. Everyone had                                        
signed their contracts without        Signing purchase agreements for   
reading it and they were              real estate is no different; yet, 
grumbling, because I would not        many people sign them every day   
sign my contract until I had read     without reading them, much less   
every word. The contract was many     having an attorney review them.   
pages in length and lots of small                                       
print. After one guy was a bit        The average home will cost you a  
too aggressive in his complaints      long-term commitment upwards of   
of me making them wait, I quietly     $135,000 — much more in the San   
looked him straight in the eyes       Diego area. You are going into    
and said, “You signed your            debt for a large amount of money  



over a long period of time. It is     prepare all needed real estate    
important to have a real estate       documentation, including warranty 
attorney review such a contract,      deeds, title opinions, and        
as it is for creating any other       documents to clear any title      
contract.                             defects.                          
                                                                        
A real estate attorney will tell      There are times when having a     
you if the purchase is advisable,     real estate attorney review a     
if it should be modified to           contract could cost you the deal  
protect you if the transaction        — you could be up against another 
goes bad, if it is legally            buyer, who wants the same         
binding as written, and whether       property and the seller will not  
there is any adverse language in      wait for the review, which the    
it. You should be protected           other buyer is not requiring. In  
against any contingencies and         such a case, only sign the        
possible outcomes.                    purchase agreement after adding   
                                      the clause: “Subject to review    
The services of a real estate         and approval by attorney of       
attorney may cost $200 or more to     buyer’s choosing.”                
review the contract. Though many                                        
realtors assist in this capacity,     Remember, once the contract is    
a real estate attorney is more        signed without a contingency      
knowledgeable and experienced,        clause, it is too late for        
ensuring you get the best advice.     redress. At that point, a real    
That same real estate attorney        estate attorney can only advise   
can represent you in court, where     you on what you have done and     
the realtor can only shrug            little else. The time to hire the 
his/her shoulders and, maybe,         real estate attorney is before    
offer an apology. Additionally,       you sign on the dotted line, not  
the real estate attorney can          afterward.                        



                                  




About the Author:

John Harris is an expert researcher and writer on real estate topics such as economics, credit improvement tips, home selling advice and home buying preparations. For more information please visit San Diego Homes for Sale


Read more articles by: J Harris

Article Source: www.iSnare.com


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    How Important Is An Attorney To Your Real Estate Transaction