Residential Real Estate Transactions - Should You Hire a Lawyer, and When?
As part of my practice I help clients buy and sell real estate, including residential real estate. The question often comes up of why are lawyers necessary in this process. After all, isn't the lawyer "just going with you to the closing?" This is a common misconception that is actually exacerbated when the lawyers do their jobs well, "making it look easy." In reality, much of the lawyer's job, particularly the attorney for the seller, is done in advance of closing, behind the scenes. For example, reviewing or drafting the contract, ordering or reviewing title insurance reports to ensure clean title will be conveyed, and preparing some of the documentation that will be signed and exchanged at closing. These are the standard steps. In addition to the standard stuff, there is also the conflict avoidance/resolution aspect, helping the parties sort through the issues that seem to arise in many if not most such transactions. These include issues with b...