Monday, May 2, 2011

Selling your home: what your attorney does for you

Monday’s daily focus: residential real estate law

During April, we discussed various aspects of the home buying process from the buyer’s perspective. In May, let’s flip that over and talk about the transaction from the seller’s perspective. We will cover title insurance, contract negotiations and making repairs, and signing the deed and closing documents.

Some of the points that apply to buyers apply to sellers, too – we’ll point those out along the way.

What’s the attorney’s role in the process, though? How does an attorney help?

Your attorney will order title insurance and review evidence of title to generate a title commitment that will be given to the buyer. The contract between the buyer and the seller stipulates that this must be done. Your attorney will draft the necessary closing documents to transfer title to the buyer, including the deed, affidavit of title, and bill of sale. Above all, your attorney should be in frequent contact with you to let you know what is happening in the transaction and to answer your questions.

When you transfer title to a buyer, there are numerous long-range legal consequences and potential pitfalls that are involved in that. Your attorney’s job is to see you through that and get the transfer done legally, smoothly, and swiftly.

Talk Like A Lawyer

Joint tenants: persons who each hold a share of land that remains the property of the surviving joint owners when a joint owner dies. The joint owners have equal shares which they received at the same time by the way of the conveyance.

Closing Argument

“Don’t be afraid to take a big step if one is indicated. You can’t cross a chasm in two small jumps.” – David Lloyd George

Do you have a legal question? askthelawyer@yourpersonallawyer.com