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Atty. Lynda L. Saracusa
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The process of buying a new home can be confusing and frustrating, but it does not have to be, there are steps you can take to minimize any problems that might arise. A good start is to read up on the subject, take a course or just ask questions. You can get books at your local library on buying a home, or informational brochures from prospective lenders. The more information you have, the better you will understand what is going on, who is responsible to do what and why. |
Address: Andover, MA, 01810
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Website: Atty. Lynda L. Saracusa | | Phone Number |
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Atty. Lynda L. Saracusa Buying a home is probably the single most important and substantial investment you will make in your entire life, having a professional who has been through the procedure before and knows what is required will greatly assist in making the procedure a standard business transaction rather than a nightmare. When you plan to buy a house, or even land only, consulting an attorney prior to signing anything helps you to avoid or minimize problems before, during and after the transaction.
You might be trying to save a few dollars by not contacting an attorney because you think you know what you are doing, but unless you really do know, you may regret it when the situation doesn`t turn out as you had anticipated. You want to buy the house or property, not problems or a lawsuit! Both an offer to purchase and a purchase and sale agreement (P & S) are legal contracts, no matter what the Real Estate Brokers tell you. Before you sign either one, it is a good idea to consult with an experienced real estate attorney. He or she will explain what your rights and obligations are under these legally enforceable agreements to you. With proper advice, you can avoid potential problems and putting your hard earned deposit at risk.
In Massachusetts, and many other states, for a contract or any terms or agreements involving real estate to be enforceable in Court or otherwise, the agreement must be in writing and signed by the party responbible to perform. Don`t be naive or foolish and rely on verbal promises. Get it in writing! One of an attorney`s most important duty in representing a buyer is to examine the records in the Registry of Deeds where the records for property are kept. This is known as the "title search." He or she will check these records to determine the market-ability of the property without problems. (You do not want to buy a law-suit or a problem requiring legal resolution when you purchase property.) Knowing about problems in advance gives you and your attorney the opportunity to make the seller resolve the problem prior to sale.
The attorney certifies that the title is clear by providing a certificate of title to the lender and the buyer. This certificate will spell out any exceptions to the clarity of the title. In some circumstances a title may not be totally clear, but the exception may not interfere with the intended use of the property. For example, a utility easement over a corner of the property, while considered an exception on the title certificate might not necessarily interfere with the use of the property as a dwelling. Knowing about such matters in advance can make all the difference in the world. Call us at
978-470-2148
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