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Q: questions on the functions of real estate lawyers during closings ( No Answer,   1 Comment )
Question  
Subject: questions on the functions of real estate lawyers during closings
Category: Business and Money > Consulting
Asked by: nancy1-ga
List Price: $50.00
Posted: 16 Dec 2004 13:50 PST
Expires: 28 Dec 2004 14:23 PST
Question ID: 443590
what is the functions and purpose for a real estate lawyer during a
closing, my problem is iam not using a lawyer and purchasing a
property in NJ. Are there going to be incomplete items that are needed
to be taken care of or is it a good thing i didnt use one becuase its one
less expense not needed. i know that overall a lawyer is supposed to
adivse you of your best interest and look over the contract but are
there other dudties involved.ok one more thing just to help you with
what iam looking for. the hole reason why i started inquiring is
because when i spoke to the title company and asked them this
question, they basically told me the the lawyer is supposed to make
sure you have a certificate of occupancy. and i was like what the hell
is that. and that means that the property i am buying is ready to live
in, and that some cities require that you must show them a cert of
occupancy. so if i wouldnt have called and found out about then god
knows how many other things do i need to make sure get done.

Request for Question Clarification by pafalafa-ga on 16 Dec 2004 17:03 PST
nancy1-ga,

You didn't say whether you were working with a real estate agent, or
whether the other party that you are buying from has an agent or an
attorney.

In general, the process is complex enough -- and changes from one
jurisdiction to the next -- that many people feel the services of a
closing attorney make a lot of sense.  Even without an attorney, I
would certainly want someone who is a professional in the business, so
that I could feel reasonably certain that things like the certificate
of occupancy -- and 1,000 other tiny details -- aren't being
overlooked.

Let us know a bit more about your circumstances if you can, as it
would be a help in answering your question.

Thanks....and best of luck!

pafalafa-ga

Clarification of Question by nancy1-ga on 17 Dec 2004 02:13 PST
i am purchasing a townhome in pomoton lakes, New Jersey. the developer
has a real estate firm that helps them find buyers. so i guess this
real estate agent is a neutral party because she has made it clear she
is not representing me. when we were ready to sign contracts she tells
me that she would advise that i get an attorney. i asked her for what
and she said so they can look over the contract. in my head thats an
expense not needed i am pretty sure i can review this contract and
even if i didnt like it, develpoers are not in the pattern of changing
things in those contracts, they are wriiten specifically to protect
the seller not the buyer. so i figuered i didnt need an attorney.  so
weeks pass and the title company notifys me that if i am not using an
attorney for my closing to advise them so they can do the closing. so
i call the title company and ask someone there basically what is the
role of an attorney in real estate transactions.  so she mentions
something about how the title company is not responsible for giving me
the cert of occupancy. (which is something i never new to watch for or
make sure i got). so god knows how many other things that i need to
make sure are taken care of

       And ever since that phone call i have been worrying about this
transaction i am in. so i went to google and started searching and i
so happened to find that google can answer questions, so i submitt
this one.


look overall i guess what iam trying to determine is what the hell
should i make sure is done when i buy every piece of property, not
just in new jersey. like should i make sure that the county has my
name should i make sure the the title is recorded, should i make sure
the builder does certain things. are there certain things that i need
to look out for in a contract. isnt there buying for dummies or
something like that but is more about the legalities that are
involved. kind of like a CHECK LIST of things that have to be meet
with the city or state for each property bought or sold. i mean i dont
even know what the hell the cert of occupancy is needed for, and i
sure cant ask you to clarify what all these things are but if you can
just let me know of certain very important issues that should be
completed in most or all real estate transactions.  you would be
helping me out a lot, and ill leave a nice tip for you.

Clarification of Question by nancy1-ga on 28 Dec 2004 02:58 PST
hello, i dont know who is answering my question but it has been over
10 days, i can understand the time it will take to research this
subject might be very lenghthy. i would greatly appreciate if you can
please email me and let me know that you are still aquiring
information to answer my question or have you decided that you would
not like too. its just 10 days with no response leaves me to believe
that you are either not working on my question or it just is to hard
to answer.

Clarification of Question by nancy1-ga on 28 Dec 2004 03:15 PST
ok i am somewhat disturbed, i just went through Pafalafa's ratings to
see who is answering my question and looks like he has been answering
a lot of other questions except mine. one he even stated that "if a
question is urgent it can be answered even on the holidays". well my
question has not been answered, and is also urgent. i dont get it,
these people submitted their questions after mine and also some paid
less but yet still got an answer before me.  i dont want any special
favors but just please resond and communicate to me when you think the
question will be answered. i dont mean to rush you but when i see you
working on questions submitted after i submitted my questions that
doesnt make me feel like i am treated with courtesy. mind you, you
answered a question that was paying $10, and another paying $4. please
let me know how you would like to proceed. thanks once again

Request for Question Clarification by pafalafa-ga on 28 Dec 2004 05:58 PST
Hello Nancy,

I'm sorry to hear that you've found the Google Answers process a bit
disturbing...I certainly didn't mean for that to happen.

Truth is, I wasn't sure how to go ahead and answer your original your
question, which is why I asked for a bit of clarification.  However,
the clarification you provided seemed to expand the scope of the
question quite a bit, and left me even more uncertain how to answer
it, so I thought it best to leave it for another researcher to answer.
 Hopefully one will step forward to do so if they are comfortable
enough with the content of your question.

Best of luck.

pafalafa-ga
Answer  
There is no answer at this time.

Comments  
Subject: Re: questions on the functions of real estate lawyers during closings
From: neilzero-ga on 18 Dec 2004 08:36 PST
 
I'm sorry you got no responce. Perhaps a certificate of occupancy is
important in New Jersy. If you are literate in legal language, your
need for an attorney is reduced. If you have only a few questions, one
of the persons at the closing can likely explain as well or better
than an average (boo-hiss) attourney. Obviously the others will be
annoyed if you have dozens of questions and possible objections. My
experience has been the presence of your attourney interfers rather
than helps you understand the details. If you make it clear to the
title company that you intend to analyze the details they may be
willing to send you preliminary copies of most of the documents that
you will be expected to sign, so you can review them with
knowledgeable friends, before the closing.   Neil

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