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An Attorney’s Role in Purchasing a Home

The purchase of a home or condominium is often one of the largest investments an individual will make.

With so much at stake, it is important not to leave anything to chance. It is advisable to hire an attorney before signing anything.

For a relatively small price, an attorney will be the one professional in whose sole fiduciary responsibility is to the potential property owner.

An attorney can perform any or all of these services:

  • Provides a verbal and written overview of the buying process and his or her role in it
  • Drafts, reviews, explains and/or negotiates the contract to purchase
  • Discusses timing and possession issues
  • Communicates and negotiates repair issues that may be indicated by a home inspector
  • Examines the title commitment and survey to be sure the purchased property is the one that was contracted
  • Explains contract contingencies, if any, and monitors deadlines to make sure that those contingencies are met
  • Verifies and explains tax consequences and other fees
  • Schedules and attends the closing to ensure compliance with the contract and to compare the loan document form compliance with the loan agreement

Be aware that much of the attorney's work will take place behind the scenes – numerous calls to the seller's attorney and other members of your team – to ensure that all the wheels are turning to bring the purchase to a satisfactory conclusion.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

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