Why You Need an Attorney When Selling Your Home

Are you putting your Cinnaminson, New Jersey, home on the market? If so, you need to consult with an experienced real estate attorney. It’s best to have a real estate attorney at your side during the sale of your home for quite a few reasons. Let’s take a look at those reasons in this post so you know the true importance of having an attorney represent you during the sale of your Burlington County home.

Drafting the Contract for Sale

The Contract for Sale is quite possibly the most important document you will create when you sell your home. This document will reflect the wishes of you as the seller as well as the buyer. Prior to full execution, it can be manipulated and edited as much as you and the buyer like in order to reach an agreement between the two parties.

It’s important to have a real estate attorney draft the Contract for Sale so that it includes the proper language and all of your terms of the sale. There is a list of items that should be included in the Contract for Sale and they include the following:

  • Is the house in a residential zone?
  • Who holds the down payment? Is it in an interest-bearing account?
  • What happens if the buyer cannot qualify for a mortgage?
  • Even though the house is being sold “as is,” can the buyer get a home inspection report?

The Contract for Sale must answer these important questions and an attorney will be able to draft responses to each one.

Handle the Title Search

The next step in the home selling process is to conduct a title search, typically by hiring a title company. The buyer is responsible for this.  It is common in New Jersey and is usually required by the mortgage company. It can become a confusing situation if you aren’t familiar with how a title works. A real estate attorney will be able to review the title and help remove exceptions.

The seller’s attorney must prepare the deed, affidavit of title, affidavit of exemption and seller’s residency certificate.

Assistance at Closing

The closing of the sale of your home can be very stressful. You want to make sure that you know what to expect. There are issues that can crop up that can negatively impact closing. This is where you sign lots of papers for the sale of the property and hand over your keys and garage door openers.

Your attorney will be able to explain all of the closing costs associated with the sale of your home. Disputes can arise during closing about the payment of fuel or taxes and whether or not personal property is included in the sale. An attorney can help navigate these disputes and ensure that your rights are not violated.

If you are ready to list your Cinnaminson home on the market contact real estate attorney Trish Davis, Esquire for a consultation. Ms. Davis serves all of Burlington, Camden, and Gloucester counties.