Do I need a real estate attorney to buy a house?

In the purchase or sale of real estate in New Hampshire, an attorney can fulfill two different functions:

1.       Handling the title search, escrow of funds, handling of the closing, and issuance of title insurance (the same function as a title company); and/or

2.       Representing the Buyer or Seller in the transaction.

Many people don’t know that attorneys in New Hampshire can handle all that is needed for the closing of real property, and generally do so at comparable prices to title companies. Many closing costs such as title insurance premiums, taxes, and recording fees are fixed no matter where a closing takes place.

When there are problems or legal questions that arise during the course of a real estate transaction, real estate agents and title companies are not allowed to give legal advice to their clients. Thus, one of the main advantages to having an attorney handle the closing is that the attorney can assist with potential legal questions and needs that may arise, such as deviations from the standard realtor purchase and sale agreement form, questions on how to take title, and forming LLCs or trusts to take title under.

If you are represented by a real estate agent, our office can serve as an inexpensive supplement to review a proposed purchase and sale agreement and make sure nothing additional should be added or tweaked, or we can simply handle the closing for you. For buyers who are not represented by a real estate agent, our office can assist you in drafting a proposing a purchase and sale agreement, represent you while you are under contract, and handle all of the title and escrow for you and the seller to get you through closing.

If you are considering buying a house or other real property, or are under contract to do so, please contact our office to see if we might be of assistance to you. We handle both residential and commercial real estate transactions.