My friends wants to buy my home. Can we simply close at a title company or get an Attorney?
what's the easiest and safest way to go about it. I know the title company provides title insurance but do we need an Attorney to review the contract and help close the loan. Or with the title company alone be sufficient.
Public Comments
- I would get a real estate attorney to be totally safe.
- Yes, see a lawyer he/she will care of it all.
- You never actually need an attorney to close a home sale, the title company would be sufficient, especially if you know the buyer and can work everything out between you. The lawyer is there to protect your interests in case things go sour or if you have any legal questions.
- You can do this through a title company, but bear in mind transactions with friends and family can turn sour quickly. It is best to have an attorney draft the documents so everyone is clear on how this transaction will be executed.
- It would not hurt to have a 3rd party draft the contract and implement protection for both of you. An agent could do so for a nominal fee as a transaction facilitator with no agency or also an attorney. If you place the transaction with the title company to also handle the escrow, they often provide a discount for placing 2 orders with them. Be sure to ask if it's not mentioned.
- it depends to be honest as each state has different real estate laws. Some states require attorney presence for purchase transactions and it is, by law, your choice who represents your. Now the lender will have an attorney present, they may or may not be the title compnay. Sometimes, the lender attorney can and will act as the borrower's attorney as well, but you must ask the attorney to do so. honest opinion is that you are crazy not to have an attorney representing your interests, you should not rely on the title comany to clear a title for a purchase, have an attorney review everything. While human error can and will happen, it's definately in your best interest to have someone looking out for you
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