Selling a Home – Do I Need an Attorney?

·2 min read
Selling a Home – Do I Need an Attorney?

When selling what is considered a person’s largest asset, there really is no bigger value and comfort than having a real estate attorney oversee the contracting and closing process for the selling of a home.

An attorney can help the seller understand the contractual contingencies and risks before signing a purchase and sale contract, and more importantly, minimize those contingencies and risks.

Once the contract is signed, the seller will then have an obligation to provide clear and marketable title to the home.

This presents another moment where having an attorney is beneficial for a seller, as the attorney can review the title report to ensure that everything is in order and consistent with the seller’s obligations under the contract.

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After the title to the home is cleared, the seller will then be presented with the closing documents to be signed at the closing of the home.

Often times, the seller closing documents attempt to place additional obligations on a seller beyond the contract requirements, and these can sometimes include provisions requiring a seller to indemnify the closing and title agent.

An attorney can review the seller closing documents to confirm they are following the requirements of the contract and applicable law.

This can include the removal of provisions in the seller closing documents that add or shift more risk to a seller.

Selling a home can be stressful enough with all the moving parts going on, and this makes having an attorney involved from start to finish a wish move for sellers.

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