Legal Question in Real Estate Law in Illinois
hiring an attorney
If i hire an attorney to oversee my selling my home and buying a condo, what can i expect him or her to do? I have never done this before.
2 Answers from Attorneys
Re: hiring an attorney
For (typical) Purchaser:
1) Thorough review of contract, including consultation with clients and attorney correspondence to other party (if necessary).
2) Tracking of contract contingency dates, including mortgage approval, home sale contract and home sale closing (if necessary).
3) Review of title.
4) Review of survey.
5) Order and cursory review of all association documents, including consultation with client (if necessary).
6) Review and consultation with client regarding requirements for purchase of property.
7) Scheduling of closing.
8) Attendances at closing to ensure all legal rights are protected, including review of all loan papers.
Also, review of loan documents before you sign them (under certain circumstances; contact me for details).
For (typical) Seller:
1) Thorough review of contract, including a consultation with client during the attorney review period and correspondence to other party based upon contract review.
2) Tracking and verification of contract contingency dates, including mortgage approval, home sale contract (if necessary) and home sale closing (if necessary).
3) Order and review of title.
4) Order and review of survey.
5) Order and review of mortgage payoff.
6) Review and consultation with client regarding requirements for sale of property.
7) Scheduling of closing.
8) Preparation of Deed, Affidavit of Title, ALTA Statement, Bill of Sale, Illinois and County Tax documents.
9) Tender closing figures to Title Company.
10) Attendance at closing to ensure all legal rights are protected.
Please contact me if you have any further questions or visit my website at ilrealestatelawyer.com.
Re: hiring an attorney
He/she should oversee all aspects of the sale and purchase and you should really hire one. It is invaluable for negotiating the contracts, understanding and enforcing the various terms of the contracts including the home inspections, title issues and mortgage issues. It is vital to lawsuit-proof as much as possible before any issues rather than try and come back after the fact to fix what was missed.