Home Buying in San Jose>Question Details

Trulia San J…, Home Buyer in San Jose, CA

Is an attorney needed to purchase a home?

Asked by Trulia San Jose, San Jose, CA Thu May 2, 2013

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6
YES. Absolutely! Not to actually close the transaction, brokers are fully capable of making that happen. But buyers should ALWAYS consult an attorney regarding estate planning issues that effect how a buyer will hold title.
1 vote Thank Flag Link Thu May 2, 2013
In California the transaction is not typically handled by an attorney. Although transfers between private parties without the use of a Broker may elect to have an attorney review the documents and contract.

In California Brokers assist between the marketing and sale of a home and locating a home, and coordinating of the transaction, negotiating the contract, scheduling inspections, opening escrow, etc. The escrow company is the neutral party who insures the money is in place before title is transferred. In Northern California it is common for the Escrow to be open prior to sale and the Escrow Company can may be under the same roof as the Title Insurance Company.

Unlike other states, California is a Dry state, which means the documents are signed then delivered back to the lender before recording at the Country Recorders. Once recordation takes place keys are delivered. Some other states in the Union are Wet States where the parties sit around a table sign documents and when all is done the buyer gets their keys right then
Web Reference: http://www.TerriVellios.com
1 vote Thank Flag Link Thu May 2, 2013
No, an attorney is not needed to purchase a home is San Jose, California. In fact, if an attorney is involved it is probably because something has gone wrong and some is unhappy and is looking for a way, with the help of an attorney, to make things right again…at least in their mind.

Title searches are handled by title companies who subsequently issue the title insurance policies and who usually perform the escrow function, also, in Northern California. In Southern California, the title function and escrow function or often handled separately by different companies.

Attorneys are rarely involved in the average home sale/purchase transaction.

Having said that, if a buyer or seller wants the advice of an attorney that is obviously their right to obtain same.
1 vote Thank Flag Link Thu May 2, 2013
Thank you for your question:

In the State of California an Attorney is not required to purchase a home.

I do recommend that all Real Estate Brokers establish a relationship with a good Real Estate Attorney for consultation if legal issues do come up.

The Real Estate Attorney that I recommend is Mr. Ron Rossi. I think Mr. Rossi is particularly good because he is a former Real Estate Broker himself and in my opinion that experience as a former Real Estate Broker gives Mr. Rossi far more expertise when legal issues come up in a real Estate transaction.

You can reach Mr. Rossi at: (408)261-4252

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Office Phone: (408)269-4238
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
DRE#00901872
.
1 vote Thank Flag Link Thu May 2, 2013
An attorney is not required to purchase a home. Most home purchases are done using local standardized contracts which have been constantly updated to avoid issues. These standardized contracts reference several key disclosures which help insure that the buyer has accurate and reasonably complete information about the property. The real estate firms also often require disclosures to inform buyers about very local issues.

If you aren't buying a home through a licensed real estate agent or for some reason you aren't going to use standardized forms, using an attorney would be a good way to be insure the details and obligations are clearly understood and specified.

The standardized contracts are constantly reviewed by the local association of Realtors and by brokers to handle legal issues which have been encountered. For most transactions they are probably better than what would be drawn up by an attorney from his own experience and knowledge.

Juliana Lee, MBA, LLB & daughter of an attorney
Top 2 agent nationwide at Keller Williams Realty, the nations largest
Cell 650-857-1000

Over 30 years experience, and many more ahead
Over 1,000 homes sold in Santa Clara and San Mateo Counties
.
Web Reference: http://julianalee.com
0 votes Thank Flag Link Fri May 3, 2013
HI there,

It depends on what the situation is. Normally you do not need an attorney to purchase a home.
Of course, you can always consult an attorney to look over your purchase contract, however,
Most realtors are trained professionals and can explain your purchase contract in detail.
If you have circumstances in which you are going through a divorce etc. you may want to consult
an attorney. Normally a realtor will get you through the process with ease, when purchasing a home without an attorney. Feel Free to call me to get you started. It is a good time to buy.

Sincerely,
Diana Valverde 408-693-7463
CDPE
Davey and Associates Real Estate
and Property Management
DRE# 01427342
0 votes Thank Flag Link Fri May 3, 2013
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