November 17, 2006, Newsletter Issue #36: When do I need a real estate attorney

Tip of the Week

While most homebuyers and sellers buy and sell homes without the aid of a real estate attorney, there are times when the help of a reputable real estate attorney may come in handy. Most realtors are not able to give legal advice unless they also happen to be an attorney.

There are actually a few states that require the assistance of a real estate attorney when it comes to writing purchasing contracts and handling closings. Some homebuyers use the advice of real estate attorneys when it comes to purchasing property in which there are homeowner's association rules and regulations.

Oftentimes the documents that are involved in this type of situation are lengthy and filled with legal jargon that would best be interpreted by a real estate attorney. Another example of when it might be good to contact a real estate lawyer is with regard to the purchase of condominium or townhouse projects. Undoubtedly a copy of the CC&R or Conditions, Covenants and Restrictions pertaining to ownership will be supplied to you, but again, reading a document such as this may raise more questions than you have answers for.

A reputable real estate attorney will be able to assist you in deciding whether or not the CC&R is an acceptable restriction on what you can and cannot do with your real estate.

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