MEMBERS

You're Planning To Buy a House?

It’s a dream come true. Your new house is the place that you and your family will call home.

But it’s also a business contract between you and a stranger, involving a huge amount of money.

Your real estate agent said, “You don’t need a lawyer.” So you’re thinking, “Why not just let them handle it.”

Maybe you know someone who went through the home buying process without a lawyer and things worked out okay. And maybe you know someone whose experience was a real nightmare. Do you really want to enter this enormous purchase without someone looking out for your best interests?

Here at the Bar Association, we hear about the things that go wrong because, all too often, the lawyers are called in after there is a problem with the deal.

We’ve seen disputes over settlement dates, arguments about items that are to remain, fights about damages to the property that occurred before settlement, problems with deeds, and major conflicts when either buyer or seller breaks an agreement. If you think that involving an attorney will complicate the process, consider this: a deal gone wrong can create unbelievable stress for you and your family and cost you serious amounts of money.

Remember that, while the real estate agent is trained to help you find a home, the agent is a professional salesperson who is generally under contract with the seller. They receive a commission from the seller, therefore they represent the seller’s interests. Even if there is more than one agent involved (a “buyer’s” agent, for example) they usually earn a share of the commission from the seller.

Many times, legal documents are prepared by the real estate agent who does not represent you. Only your lawyer is ethically and legally bound to give you objective advice and loyalty throughout the process. Before you sign anything, your lawyer should review the paperwork.

Whether you are buying or selling a home, you can and should talk to your lawyer about the terms of an agreement of sale, obtaining a mortgage, title searches and deeds, and seller disclosures. If you’ve made the journey with an attorney who has been looking out for you, settlement day can be the stress-free beginning to your life in your dream house.

If you need help locating an attorney, call the Berks County Bar Association’s Lawyer Referral service at 610-375-4591.