Why Should I Hire a Real Estate Attorney When Buying a Home in Connecticut?

 Posted on August 07, 2020 in Real Estate Law

Depending on where you live, or where you are looking to buy a house, you may or may not need a real estate attorney by your side. Some states require attorneys to be involved in all real estate transactions while others leave it up to the buyer or seller’s discretion. Connecticut is one of the few states that does not require a lawyer to be present at all real estate closings. Some may see this freedom as a benefit of living in Connecticut; however, this lack of legal assistance can lead many Connecticut homebuyers into rocky waters.

When Am I Required to Hire a Real Estate Lawyer?

Connecticut statutes do not require attorneys to be involved in the buying or selling of real estate. However, there are two descriptions included in Connecticut law that give the state’s provisions regarding real estate attorneys. According to Connecticut statutes, the following situations warrant the involvement of a real estate lawyer:

1. Real estate attorneys must be involved in transactions requiring title insurance.
2. Certain activities or services throughout the real estate transactions requiring title insurance.

If It is Not Required, Why Hire an Attorney?

Some homebuyers will solely rely on their real estate agent, assuming that they can give them advice on how to navigate the contractual discussions with the seller. While real estate agents may have general knowledge of real estate transactions, homebuyers should never rely solely on their real estate agent for help. There are a number of areas that a real estate attorney can assist you with, including the following:

• Contractual Negotiations. You may have no difficulties speaking with the seller and negotiating the price of the home; however, a real estate attorney can ensure that your contract is valid, sound, and legally binding. Since every state has their own laws, you must verify that the details of your real estate contract reflect these state laws. An attorney can also negotiate repairs found by the inspector that the seller may need to handle before handing over the property.
• Title Searches. Before signing on the dotted line, it is imperative that you do your research on the title of your soon-to-be property. Working with an experienced attorney is the best way to uncover any possible liens or judgments that may exist. If there is a lien or judgment on the property, the seller may not have the legal right to sell the property and you may fall victim to an improper and invalid sale.
• Filing the Deed. This is another technical detail that must be done properly for the transaction to be completed and the new owner to be recognized. Deeds typically need to be filed at both the county and state level. A real estate lawyer will also be knowledgeable about any construction regulations that may exist in that area and can help you properly navigate these laws.

Call a Stamford Real Estate Lawyer

Buying a home will likely be one of the biggest purchases that you make in your lifetime; therefore, it is critical that it is done properly. Any contractual or legal mistakes could leave you with a higher buying price than expected or future issues with the recently purchased property. The Law Offices of Daniel P. Weiner has been assisting Connecticut homebuyers for over 40 years. Our legal team is knowledgeable about all local real estate regulations to help homebuyers go into their purchase worry-free. For help buying your future home, contact our Fairfield County real estate attorney at 203-348-5846 for a free consultation.

Sources:

https://www.mortgageloan.com/should-you-hire-a-real-estate-attorney-when-buying-a-home#Before-reaching-the-closing-table

https://www.investopedia.com/articles/mortgages-real-estate/08/real-estate-attorney.asp

https://www.cga.ct.gov/2015/rpt/2015-R-0186.htm