THE CLOSING GUIDE / Blog

July 15, 2016

Do I Need an Attorney? CT Real Estate Attorney FAQ

With real estate transactions, the stakes are high. From down payments to deposits and closing costs, many homebuyers are unsure if they should hire a real estate attorney. Others simply worry that they can’t afford yet another expense. The truth of the matter is that the majority of prospective homebuyers can’t afford not to hire a real estate attorney.

The primary function of a real estate attorney is to protect the buyer and make sure he or she gets what they are owed. All too often, purchasers without attorneys to assist them end up losing a sizable portion of their deposit or finding out after the fact that they overpaid.

I’m buying a house in Connecticut. Do I need a Connecticut real estate attorney?

Certain mortgage lenders and title insurance companies require buyers to use a real estate attorney, but most states do not require buyers to use attorneys. This is not true in Connecticut and other “attorney-only” states. In Connecticut, the real estate attorney is required to verify that the title to the property is valid (marketable), that the property is clear of outstanding liens, and that the transaction is ready to proceed.

Other Functions of a Real Estate Attorney

Real estate attorneys, also called buyer’s attorneys, perform many functions for buyers. As we mentioned, Connecticut and other attorney-only states require attorneys to take part in certain parts of the closing. Other functions performed by real estate attorneys include:

  • Preparing and registering all required legal documentation
  • Reviewing the terms of the mortgage, including rates and fees, to confirm that there are no discrepancies
    between the quote and the final figures
  • Issuing title insurance to protect from losses resulting from unforeseen title defects
  • Reviewing all details and provisions of the sales agreement with the buyer
  • Attending the closing and reviewing all papers to be signed by the buyer

 

Holler Law Firm: Connecticut Closing Specialists

Holler Law Firm is a Milford-based law firm that specializes in the specific title disbursement and title insurance requirements established by Connecticut law. We play an essential role in helping national title agencies conduct business in Connecticut, all while maintaining control of their transactions and avoiding unnecessary costs. To learn more about our services, please visit our homepage today!

Share