QUESTION

i live in buffalo,ny. i have a land contract on a residential property. i am paying the balance of the contract. can i represent myself at the closing

Asked on Dec 01st, 2011 on Residential Real Estate - New York
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1 ANSWER

Financial Planning Attorney serving Brooklyn, NY
3 Awards
The information below was extracted from the New York State bar Association pamphlet on "The Attorney's Role in Home Purchase Transactions" and sums up the answer to your question very well. Buying a house may be the most significant and largest purchase you will make. It also involves the law of real property, which is unique and raises issues and problems that are not obvious. An attorney knows how to deal with these issues and problems. An attorney also usually has more experience in dealing with them than any other service providers for the transaction. This applies both to a sale of a house and to a purchase. A typical purchase and sale of a house begins when the seller signs a brokerage contract with a real estate agent, usually in writing. When the broker finds a potential buyer, negotiations are conducted through the broker, most often acting as an intermediary. Once buyer and seller reach an informal agreement, they enter into a formal written agreement. Upstate, a real estate agent often prepares the offer or contract, subject to the approval of the parties’ attorneys; downstate, the seller’s attorney usually prepares the contract. The buyer then seeks – and usually obtains — a mortgage loan commitment. Title must be searched to satisfy both the buyer and his or her lender. Finally, the seller transfers the property to the buyer and the buyer pays the purchase price as the contract requires. It seems simple and uncomplicated. Without an attorney, though, the consequences of buying a house unwisely may be worse than purchasing a car that turns out to be a lemon, or making a stock investment that was unwise. Some of the reasons to have an attorney are dealing with the broker for example the seller may become liable to pay a commission if a sale does not occur or pay more than one commission.  Can the seller negotiate on his/her own behalf?  What are the broker's rights if the seller pulls the home off the market? Other reasons include analyzing tax consequences of a sale, dealing with issues on the contract such as how to take title to the property, inspections, alterations, where the deposit will be held during the closing, assistance in arranging financing and assistance with searching and insuring title to name but a few. Throughout the purchase and sale process, the interests of buyers and sellers directly conflict. A broker generally serves only the seller. A lender has its own agenda. The attorneys for buyer and seller have no such conflicting loyalties. Each serves only their own client’s best interests. An attorney’s advice and guidance are essential from the time you decide to sell or buy a house until the actual closing – and even after the closing if any issues or questions arise. -Alfred Polizzotto, III      
Answered on Dec 01st, 2011 at 1:44 PM

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