Why You Need a Real Estate Attorney

Hiring a real estate attorney is a critical part of your real estate purchase process.

Some transactions require buyers to have one. For those who get to choose, opting for a real estate attorney is a wise choice.

Why exactly would you need a real estate attorney? For the same reason that you would need one for any other legal matter – to protect your interests.

An attorney provides a second set of eyes, which you should have from the very beginning of the purchase process.

Before you sign any sales contract, regardless of your impulse or what others may be telling you, make sure that it contains verbiage that allows for an attorney review period. This allows time for your attorney to thoroughly go through it and see if there is anything of concern.

He or she can also clarify details such as what items (fixtures, appliances, etc.) are part of the purchase agreement.

There should also be verbiage in the contract that allows you to have a home inspection performed. The results of that home inspection should also be given to and reviewed by your real estate attorney.

In addition to the points discussed above, there are aspects of the transaction that you would want to discuss only with an attorney. These include matters related to the ownership of the property.

An example of this might be an incorrectly drawn lot line. That lot line, if erroneously moved three feet further out from the home, could make you the owner of a fence.

From this point forward, you would be on the hook to maintain that fence. Neither a real estate agent nor a lender should ever attempt to take on something like this.

To ensure you partner with someone familiar with all of these matters, look for an attorney who solely handles real estate transactions. Your mortgage professional is a good source for referrals.

Lender Points: What Are They, and Should You Pay Them?

In the world of lending, one point is 1% of a loan amount. So, one point on a $150,000 loan would be $1,500. Points, in general, may be referred to as either discount points or loan origination points.

You may have heard the term points used in a couple of different ways. One of them is probably in mortgage loan advertisements, referring specifically to how many points a lender is charging for a given rate on a loan.

For example, Lender A is offering a 5.0% interest rate on a 30-year, fixed-rate mortgage and is charging no points. Lender B is offering the same loan at a lower rate of 4.5% but is charging one point, or $1,500. Why is this?

The answer is that lenders, like any other business, need to make money to be able to stay in business. Lenders make money on loans in one of two ways.

One way is via the interest rate they charge. The higher the rate, the more money they make when they sell the loan after it closes. The other way they make money is to charge fees.

However, to remain competitive with each other in the marketplace, lenders need to offer you, the consumer, the best possible terms.

As you consider your loan options, your long-term ownership plan as well as your willingness to pay points will help determine your best strategy.

A consultation with your mortgage professional can help determine which option is best for you.