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The responsibilities of a real estate attorney

  • A real estate attorney in Raleigh NC is involved in the myriad of legal matters associated with selling or buying a home; these responsibilities include but are not limited to title searches, legal documentation and funds which are a part of the transaction.

    Generally the first thing the real estate attorney will do is to order a search of the title, the attorney makes sure that the title is clean and that there are no claims on or liens against the property in question. The whole idea of a title search is to make sure that the property is unencumbered and that the title can be transferred to the new owner free and clear. A great deal has to do with the age of the home but these searches can go back many years.

    Perhaps the most important task of a real estate attorney in Raleigh NC is the title search. If there are any discrepancies in the title and the attorney fails to find it, this can perhaps have an effect on the client should he or she ever wish to dispose of the property. Every once in a while a title search will result in what is called a “cloudy” title, simply meaning the attorney has found one or more discrepancies. These discrepancies are brought to the attention of the client.

    Although the title search is important it is not the only thing the real estate attorney does, he or she also prepares whatever legal documents that are necessary to consummate the sale and purchase of a home. These documents may include sales contracts, the deed to the property and any mortgage notes. Once the documents are prepared they are signed by the parties at the closing.

    Facilitation of the actual closing is also one of the undertakings of the real estate attorney. The attorney makes sure that all the relevant documents have been prepared properly and that the lender, should there be one, has sent all the necessary documents regarding the mortgage. An appointments is set for the closing, the attorney goes through each documents explaining the contents in detail so the parties are fully aware of what it is they are being asked to sign. Copies of the pertinent documents are given to the parties involved with the transaction.

    The final stages of a home sale are done after closing. The attorney registers the appropriate documents with the courts, ensures payments to the real estate agents that were involved and if necessary set up an escrow account.

    If you are contemplating a real estate transaction you will need a real estate attorney in Raleigh NC. You are invited to call upon the attorneys at the Brady Law Firm.