[Don Chapman]

We are the purchasers, do we really need an attorney? We are buying through a realtor. I have not bought a house in 20 years we had one on our 1st house but he did not seem to do anything except show up at the closing. I could see if it was a private sale for sure. Your thoughts please.

[Half-Inch Stud]

NO for PA.

Only in NJ is that typical.

[400 4spd.]

If everyone else looks really honest, nah.

[beemergary]

Sold a few new built homes. Never a realtor (worthless) and no attorneys were involved.

[carcrazy]

While the rules vary from state to state, I would NEVER consider purchasing a house without an attorney. While things are usually straight forward, there are a myriad of potential pitfalls that can cost you a small fortune. If one happens to you, you'll certainly wish you spent the 400 or so it costs for a lawyer!

[67drake]

You are buying through a realtor,but you didn't say if he/she is the listing agent or yours.
I would ALWAYS want somebody looking out for my best interest in a major transaction. If it is the sellers realtor,I would hire a realtor or lawyer of my own to go over the paperwork.
If the realtor was working for you,and not the seller,then I don't think a lawyer is needed.

[Johnnygoose]

There's two issues that I can think of. The title should be reviewed by an attorney and the survey should be reviewed by an attorney.

[Don Chapman]

Its my agent. She is a friend of my sister in laws and her and her husband are both real estate agents and have there own realty company. She is not the listing agent of the house we are purchasing.

[FrankieT/A]

You need a title search! Have an attorney!

[Chris65LeMans]

In California it would be completely unnecessary. Ask around among people you know and trust in your state for advice and a referral if needed.

[Old Blue 66]

I would not go to a closing without an attorney in IL. Your realtor is trained to sell houses not know the ins and outs of the legal paperwork. Many realtors just show up at the closing to collect a check. They don't have your back if you are in need.

If something goes wrong at the closing, they are there to advise you what to do. The closing companies aren't perfect and they do make mistakes. Spend the $400 for piece of mind.

Many people get confused when buying a house with the relationship they have with their realtor. Common mistakes are - "My realtor said I should use this mortgage company" BS. Use the company you like. The realtor is on the hook with whom ever they suggest you use. It could even be a lawyer or an inspector.

At the closing of our current house a couple of years ago, something small came up that needed attention. Cant remember what it was but it could have been a big problem if our lawyer wasn't there to say "ok, we'll just do this" and everything was ok.

[chrisp]

No , as long as you have title insurance . Makes sure all debts./leans / judgements , etc. it makes the property all clear .

[Deadhead]

Buy OWNERS title insurance. One time $ and never look back. Best insurance you can ever purchase. This is especially true after the run and gun period we have just gone through. There was a lot of sloppy title work done during the boom, and there were a ton of scams. Beyond that a TON of notes have been lost forever by banks and institutions who sold loans and the paperwork was never transferred, lost in business closures etc. etc., etc. We owned a company that did tens of thousands of real estate transactions. I have seen some crazy stuff sanctioned by the biggest insurers in the business, so I can only imagine what happened at the other end of the scale.

Owners title insurance is an option. Only lenders title insurance is required, and it only protects the bank.

Buy OWNERS title insurance.

[FrankieT/A]

Originally Posted by Deadhead

Buy OWNERS title insurance. One time $ and never look back. Best insurance you can ever purchase. This is especially true after the run and gun period we have just gone through. There was a lot of sloppy title work done during the boom, and there were a ton of scams. Beyond that a TON of notes have been lost forever by banks and institutions who sold loans and the paperwork was never transferred, lost in business closures etc. etc., etc. We owned a company that did tens of thousands of real estate transactions. I have seen some crazy stuff sanctioned by the biggest insurers in the business, so I can only imagine what happened at the other end of the scale.

Owners title insurance is an option. Only lenders title insurance is required, and it only protects the bank.

Buy OWNERS title insurance.

After saying how much sloppy title work was done along with forclosures and all the other negative stuff you mention, why would recommend someone Not to use an an attorney? And then recommend get lenders title insurance only, which only protects the lender and not the owner. No offense but that's bad advice.

[67drake]

Originally Posted by FrankieT/A

After saying how much sloppy title work was done along with forclosures and all the other negative stuff you mention, why would recommend someone Not to use an an attorney? And then recommend get lenders title insurance only, which only protects the lender and not the owner. No offense but that's bad advice.

I think DH WAS recommending owners title insurance,at least the way I read it.

[69goatboy]

x2 for the purchaser (you) getting title insurance.

[GT182]

Originally Posted by Don Chapman

Its my agent. She is a friend of my sister in laws and her and her husband are both real estate agents and have there own realty company. She is not the listing agent of the house we are purchasing.

Well, friends of releatives that are realestate agents is not a wise thng to do. Causes too many problems with relatives if you get the shaft.

Attorney is almost always the best thing to have with you. Title search and survey are 2 things for them. Plus any problems at closing on things that were not fixed or straightened out they will take care of for you.

We bought a home in NY on a 'land contract' and then sold it on our own. Not required but we had an attorney both time and it saved our butts.... especially on the land contract. The owner we bought it from was a thief, but he did get to do to us what he'd done to others. The attorney saw to that.

[Deadhead]

Originally Posted by FrankieT/A

After saying how much sloppy title work was done along with forclosures and all the other negative stuff you mention, why would recommend someone Not to use an an attorney? And then recommend get lenders title insurance only, which only protects the lender and not the owner. No offense but that's bad advice.

I did not say do without an attorney. I personally would never do that, but that is up to the individual. I also did not recommend lender's title. That is REQUIRED if any bank is involved. I would never purchase that if I could avoid it. My only point is to buy owner title to protect yourself. There are plenty of cases where you do not need an Atty., but who is going to draw up the deed? Regardless of whether you get one or not, it is not always going to protect you from a defective title. Only insurance can do that. There are a lot of slack attys out there, so I would not ever rely 100% on one I did not know or even one that I did.