Legal Question in Real Estate Law in Minnesota
Need an attorney for simple home closing?
Hello,
My wife and I are closing on our first home in early August. A family member has very strongly suggested that we should have a real estate attorney review the documents and be present at the closing. This doesn't seem necessary and it is my understanding that it is uncommon for buyers to hire an attorney. I am not aware of any complicating factors and this is not a large transaction. In fact, the home price is slightly less than average for the area (of course, this is a very large transaction from our point of view.)
Honestly, we would rather save the money for some upgrades to the house – after paying closing costs and the down payment, our budget will be a little tight. Do you have any recommendations? Namely, is the expense of an attorney is warranted in this case?
Thanks in advance! AB
3 Answers from Attorneys
Re: Need an attorney for simple home closing?
That's like asking your dentist if you should come in twice a year. The likelihood of anything going wrong at a real estate closing is very low. When something does go wrong, it is very expensive to fix after the fact. Usually an attorney can be of more help when you have him or her review the purchase agreement BEFORE you sign it. Once it is signed, the deal is set and it is hard/impossible to change it. Also, however, call "your friendly local attorney" and get some price quotes. Here in St. Cloud (I see you are in Roseville) it would not take more than an hour to attend a closing and (assuming nothing explodes at the closing and one has to spend all day there) you're talking under $200.00.
Some unsolicited advice: a) get an inspection of the home done by someone whose references you have checked; b) do a walk through on the day of closing; c) buy owner's title as an add-on (see sentences 2 & 3 above); d) understand that you have lost ALL of your leverage once you sign the closing documents, so don't sign unless the deal is as you understood it to be.
Obviously these are just general statements, not the creation of an attorney client relationship. Good luck being a homeowner!!!
Re: Need an attorney for simple home closing?
Mr. Calvert makes excellent points. I'ld add one more: Your legal dollar is better spent having your attorney review key documents with you PRIOR to closing. The closing itself often goes too quickly for us to have much communication. With a prior review, it's often not necessary for the attorney to attend the closing. I usually just make sure I'm available by phone in case something doesn't happen the way we previously discussed.
Re: Need an attorney for simple home closing?
This spring two of my children bought homes for the first time. I think I did a pretty good job of keeping my distance and letting them make their own decisions.
HOWEVER, when it came to the closing, I insisted on being there.
Probably everything will be fine if you don't hire a lawyer; but the lawyer only costs a few hundred bucks, and if anything does go wrong you would tremendously benefit from having him there.
You could use a midwife and let your wife have her baby at home; it would probably be just fine. Save lots of money.
I would be glad to discuss this with you further. My number: 952-544-6356.
This response is for general information purposes only and does not create an attorney-client relationship.