Legal Question in Real Estate Law in Georgia
Real Estate Attny role
I have been well advised to hire a real estate attorney to represent me in the purchase of a FSBO. I am not using an agent. I spoke with the lender who said they had attorney's or I could hire one. I figure I need one to help me with the contract for the agreed upon purchase of this home, so called one. Two seperate attorneys' offices told me that they represent the lender, not me. I would be represented by an agent or myself if I don't have an agent. I don't understand how I hire an attorney to represent the lender and not me! There was much attitude by the attorney office to make an acception to see me to look over a contract (provided by me) before presenting it to the seller for signature. I'm confused what purpose the attorney is or if I'm talking to the wrong people. The seller must have an estate sale before I take ownership. I have concerns about damages I want addressed in the contract. I also know that there should be language that fixtures and things such as ceiling fans will remain. It would sound tacky if I try to write it. The forms at the office depot place weren't at all comprehensive. I'm looking on line now, but am still wanting to know where I should be getting this legal help. Thanks.
1 Answer from Attorneys
Re: Real Estate Attny role
At a real estate closing where the transaction involves a loan, the closing attorney represents the lender. The borrower pays for the lender's attorney. The closing attorney will not be representing the borrower, but rather then bank.
The borrower/purchaser may hire his or her own attorney to (1) negotiate and write the sales contract, and (2) go to the closing. That attorney may also advise the borrower regarding the questions you have asked.