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Home buying series, assemble a winning team in New Milford CT, Part 4 – The Real Estate Attorney

August 19, 2009

The home buying series, assemble a winning team in New Milford, CT, The Real Estate Attorney (Part 4)

scales of justiceWe have discussed the professional lender, the home and septic inspectors, and now, another key player in our winning real estate team is the real estate attorney. Connecticut is what is referred to as an “attorney state”, we use attorneys for real estate closings. They prepare the contracts, either do a title search themselves or order one, get title insurance for you, prepare all the documents for closing, and finally close the deal.

A good attorney will help to move the deal along. When I sit with my clients to write up an offer I ask them who they are going to use for an attorney. I have a list of attorneys that I refer to my clients, people I know will get the job done, who communicate well with me and who have a proven track record.

My own observation about attorneys is they amaze me with their ability to remain calm in the face of adversity. The deal can seem to be falling apart at the seams, yet they stay cool, and by working as a team often we can pull the deal from the brink and put it back on track. Having a good real estate attorney is a must!

One thing to remember is that attorneys specialize, just like doctors. I prefer to have my clients use an attorney who specializes in real estate as they are more apt to be up on the issues that can crop up in a deal, they understand the latest problems with mortgages, appraisals, understand inspections and the long term ramifications of inspection issues.  An attorney will also be writing the deed for your new property, so you want to make sure that this person knows what they are doing! Improper wording on a deed can really cause problems for years to come, I have seen it happen.
key player #3
Some of the mortgage companies require you to use an “approved” attorney from a list they have, which is fine also. These attorneys have to go through special training to make sure the closing packets are done properly. If you have ever seen a closing packet your head would spin, they are like “War and Peace” sometimes, and seem to be getting longer and longer! Another reason for this is that the attorney for the buyer often times represents the lender at the closing, so they have to understand the reams of paper work that will be piled in front of you. Sometimes the lender does send their own attorney to the closing, but not often. 

On the buyers side the process goes something like this:

  • When an offer is accepted all signed documents, copies of deposit checks, etc, are sent to both attorneys.
  • The sellers attorney prepares a contract of sale, which is sent to the buyers attorney. 
  • The buyers attorney will go over the contract with the buyer, and it is usually at this time that the buyer puts down the rest of the deposit on the home. If there were inspection issues they will be addressed within the contract at this time also.
  • The buyers attorney is in contact with the loan officer and with the real estate agent, keeps track of important dates, such as mortgage contingency, etc.
  • The buyers attorney will be notified by the lender when the loan is “clear to close”.
  • The lender wires the money for the closing to the buyers attorney.
  • The buyer meets with their attorney to close first to sign all the mortgage documents. It is at this point in time that your attorney is also representing the lender.  
  • The seller and their attorney join in after all the buyers mortgage documents are signed, the house is sold!
  • The buyers attorney will go and record the sale in the town hall following the closing.

When choosing an attorney, consult with people who have purchased homes recently, ask your Realtor®, call and check prices, etc. But please make sure that the attorney of your choice is a real estate attorney, not a family law attorney, or a divorce attorney. This can give the other side unfair advantages, and I have seen it happen.  I have also worked for a real estate attorney and it can be very time consuming and tedious work. It really is not a walk in the park, although a good attorney will make it look like one!

If you are in the market to purchase a home in the Greater New Milford CT area and would like more information, please give me a call at 203.460.1775, or send me an email at I will be happy to discuss your options and give you a list of names of PROVEN, WELL QUALIFIED mortgage professionals. And as we progress and find the home of your dreams I will provide you will a list of PROVEN, WELL QUALIFIED home and septic inspectors. And as you guessed, I also have a list of PROVEN, WELL QUALIFIED real estate attorneys to give you.

If you missed the first part of the series, check it out here!
Second installment about the mortgage professional can be seen here.
Third installment about home and septic inspectors can be seen here.

For any first time home buyer thinking about purchasing their first home, don’t wait any longer. You have just enough time to complete the purchase and claim your $8,000 tax credit. Don’t be a “coulda shoulda woulda” person, instead be a “right place at the right time with the right team” type of person!

Homes for sale, greater New Milford CT.

Local area information, New Milford, Washington, Roxbury, Kent, Bridgewater, Sherman and Warren. Why you should be looking for a home here!

© 2009 Andrea Swiedler. Unless otherwise noted, the content, both written and in pictures, is the property of Andrea Swiedler. If you wish to use something you see here, please email me ( with your request. Most likely I will oblige, with a link back to my original content as well as an acknowledgment. Although imitation is the highest form of flattery, please let me know before you decide to bestow this form of flattery on me! Thank you.

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