When buying or selling a home, an attorney experienced in real estate law can provide invaluable assistance at every step of the transaction. But the subject is a new and often confusing one for many homebuyers and sellers. To gain a better understanding of how they influence the process, as well as the services a lawyer provides, below are answers to some of the more frequently asked questions on the topic.
4 Common Questions About Real Estate Law
Do I Need an Attorney to Buy or Sell Property?
In Massachusetts, you will need the guidance of an attorney throughout the purchase or sale of your property. It’s one of the few U.S. states that require their involvement in a real estate transaction. They will ensure the title to the property has no issues and check that all the necessary legal disclosures have been made before anyone signs.
But I Have a Real Estate Agent. Don't They Handle Everything?
In Massachusetts, real estate agents are prohibited from giving legal advice, and they are not permitted to draw up contracts—other than plugging in the names on premade documents. So, for legal counsel, you need to consult with a lawyer.
Will a Real Estate Attorney Do a Title Search?
A title search is one of the most important aspects of real estate law, and all buyers must have one completed before the transaction can be finalized. Your lawyer handles this for you, checking that there are no hindrances to the purchase of the property. A title search looks for various elements like liens, foreclosures, and restrictions on the use of the land in question.
Is Title Insurance Mandatory?
Almost all mortgage lenders require buyers to have title insurance. Like any other coverage, it is a precautionary measure that protects your investment in case of damage. The premium for it is also typically figured into your closing costs.
If you're buying or selling property in Massachusetts, turn to the lawyers at Bernardini Law PC. Since 2011, they have been representing clients throughout the North Andover area, offering quality legal counsel to ensure their needs and best interests are met during every transaction. Call (978) 794-5525 or reach out to them online to schedule a consultation with a real estate law attorney today.