Home Selling in 07840>Question Details

James Gallag…, Home Seller in 07840

is it required by law to be represented by an attorney for a real estate sale in new jersey ?

Asked by James Gallagher, 07840 Tue Feb 28, 2012

Help the community by answering this question:


No it is not law.

But, regardless of what is said about your buyers agent looking out for your best interest.. Or the title company closing it... it is well worth the $650 - $750 to have an attorney review the contract and legally look out for your best interest.

Was just at a closing where the title guy said just like this.... Survey? What survey? Easement? I don't know about an easement.. Sign this.. sign this... What Survey?I don't do that! Sign this, sign this.. O.k. take care!
2 votes Thank Flag Link Tue Feb 28, 2012
James, It is not required by law, however, if a real estate licensee is involved, there must be clear language in the contract regarding the mandatory three day attorney review period. This starts on the first business day (no Saturdays, Sundays or legal holidays) after the fully signed contract has been delivered to both buyer and seller. If you decline to use an attorney (and your sale or purchase is being handled by a real estate agent), you need to be prepared to handle all of the legal language and conditions that the other parties' attorney chooses to use. Your agent cannot give you legal advice as it constitutes the 'unauthorized practice of law'.
I, also, would strongly suggest you obtain recommendations from agents regarding various attorneys and call them to find out their fees and availability. Most attorneys specializing in the practice of real estate law charge a flat fee to handle either a buyer or a seller and in the end, it is far more advantageous than needing to hire one to defend you in litigation that could ensue after your closing; all because something was not handled properly.
I wish you the best and you can email me at janenardia@gmail.com, should you have any further questions.
0 votes Thank Flag Link Wed Feb 29, 2012
It is not required by law,however,if you do not use an attorney you will not have anyone watching out for your specific legal rites.You could use a Title company .Call Mark Duke ,ERA Duke Realtors at 908-689-3500
0 votes Thank Flag Link Wed Feb 29, 2012
Attorney is not needed tough it is the norm since most buyers want to know that the sale is a safe one.
0 votes Thank Flag Link Wed Feb 29, 2012

While it's not mandatory in NJ I have to agree with John Sacktig. In north Jersey we typically use attorneys for buyers and sellers. I too have been experienced my buyers using a title company and their "on staff" attorney. The attorney was not always available when needed, sometimes taking a week to respond to an attorney letter or my clients questions. I just had a closing where the buyers (it was my listing) used a title company to close. The closing was delayed a week because the title company forgot to get one piece of vital information necessary for the mortgage company to clear the loan to close.
Since buying a home is the largest investment you will ever make, and given the multitude of problems that arise prior to closing, its well worth the expense of hiring an attorney who routinely does real estate transactions to
protect your interests.
0 votes Thank Flag Link Wed Feb 29, 2012
In south Jersey an attorney is rarely used. Ocean County seems to be the cut off point.
0 votes Thank Flag Link Wed Feb 29, 2012
No, an attorney is not legally required in this state but they are typically used in this area. There are a few good title companies if you feel comfortable representing yourself. If I can be of any help, please feel free to call me. 908-507-5549
0 votes Thank Flag Link Tue Feb 28, 2012
There are a lot of slings and arrows one might face in a Closing. I recommed you use one.
It is not required at all. If something does not go right, the ramifications could haunt you for a long time
0 votes Thank Flag Link Tue Feb 28, 2012
No. But a good idea. If you're not sure, the answer for you is Yes.
0 votes Thank Flag Link Tue Feb 28, 2012
Not at all. You can use a title company if you'd like. Most title companies have attorneys on staff too. The cost is less to use a title company. Its pretty much the norm in South Jersey.
0 votes Thank Flag Link Tue Feb 28, 2012
It is not "required", but it is highly recommended in Northern NJ. Chances are that the buyer will have legal representation, and you will be at a disadvantage if you do not have your own attorney. There are several in Hackettstown that I have done many transactions with and would recommend to you. If you are truly adamant about not using an attorney, you can use a title company to complete the transaction (such as Sunrise Title in Hackettstown). Feel free to call me at (908) 343-5328 for any details.
0 votes Thank Flag Link Tue Feb 28, 2012
Its not a law in NJ, but you are always advised to seek legal representation.
0 votes Thank Flag Link Tue Feb 28, 2012
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