DEALING
WITH YOUR LAWYER
In a typical residential
real estate transaction, you may not be in contact with a
lawyer before your realtor has assisted you with negotiating
an agreement of purchase and sale. If the agreement involves
some unusual terms or if you are not comfortable with signing
the agreement before speaking to a lawyer, your realtor typically
will be glad to assist you in making the necessary arrangements.
In either event,
once your agreement of purchase and sale has been signed and
all conditions met, your lawyer should be instructed to proceed
with the investigation of the title and all other steps required
to prepare to actually complete the purchase of your new home.
If all of the searches
go smoothly, you may not hear much more from your lawyer until
perhaps ten days to two weeks before the actual closing, at
which time your lawyer should be in a position to provide
you with details as to the actual amount of money which you
are required to pay in addition to any mortgage which you
may have arranged in order to close the transaction. The actual
meeting to review & execute documentation will typically
take place a day or two before closing at a mutually convenient
time.
If any difficulties
are encountered with any of the searches which your lawyer
will be conducting, you will likely hear from your lawyer
as soon as those matters come to his or her attention and
he or she will discuss with you alternative methods for dealing
with these issues and seek your specific instructions as to
how you would prefer to proceed.
Most lawyers will
be prepared to give you some idea of the cost which will be
incurred in retaining their services for the purchase transaction
and you should ask them for an estimate at the time you retain
their services. The costs of the transaction generally fall
into two categories, fees and disbursements. The disbursements
are the costs which the lawyer must expend on your behalf
to conduct various inquiries about the title to the property.
The out-of-pocket
disbursements incurred can range from $400.00 to $600.00 depending
upon the cost of title searches, searches for executions and
the actual searches and inquiries which must be made. The
fee portion of the costs represents the compensation to the
law firm for lawyer's time and general office overhead and
that fee will vary from office to office.
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