New Home Buyers: The Role of the Attorney

By Bradd Robbins, Esq.

If you are buying your first home in Connecticut, your attorney will work with you and protect you in many ways.  These include, but are not limited to, the following: 

1. Purchase Contract. In Connecticut, some real estate agents will have you sign broker prepared, form contracts.  For a single-family home, the broker prepared contracts typically cover the basic items that a contract should contain.  The broker prepared contracts are not, however, preferred for homes under construction or renovation, for mixed use property, or other unique situations.  If you use an attorney prepared contract, it will contain additional provisions not found in the broker contracts that may better protect you in your particular transaction.  Consult with your attorney should you have any questions regarding signing a broker contract instead of an attorney prepared contract.
2. Contingencies. You will want to include all necessary contingencies in the contract.  “Contingencies” are steps that must happen to your satisfaction and allow you to get your deposit back if they don’t.  These can include a mortgage contingency, inspection contingency, and title and municipal search contingencies.  (Contingencies will be the subject of another article that we will be posting in the near future.)
3. Inspections. Your real estate agent will work with you regarding completion of building inspections, septic inspection, radon inspection and other pertinent concerns.  Review each report carefully.  The agent will usually negotiate with the seller’s agent on your behalf for any repairs.  If you prefer, or if your agent runs into difficulty in the negotiations, your attorney can step in. 
4. Title Search. Your attorney will obtain a title search of the property.  The title search verifies that the seller is, in fact, the owner.  It will also advise of any mortgages or liens that must be paid off by the seller prior to closing or from the sale proceeds.  It will reveal any restrictions or easements on the property, as well as any surprises, such as missing heirs and unpaid taxes. 
5. Municipal Search. In addition to ordering the title search, your attorney can order a municipal search.  A municipal search will disclose what permits were obtained for construction and renovations, and if the work was inspected by the municipality.  It will not reveal work performed without a permit, so if it appears that work was done on the property (such as the addition of a new deck, a finished basement, a new kitchen) let your attorney know so the lack of a permit can be investigated.  A municipal report can also reveal information regarding heating oil tank removal and other important property details. 
6. Resource. Your attorney can be a resource.  Most residential real estate attorneys work with multiple home inspectors, lenders, insurance agents and contractors.  They may be able to provide you with useful contact information.
7. Mortgage Financing. Your attorney will work with your lender to provide it with the closing figures that are needed in order to close the loan with you. 
8. The Closing. At closing, your attorney will explain the loan papers to you.  Your attorney will transfer the purchase funds to the seller’s attorney, obtain the deed and other closing documents from the seller’s attorney, and file the deed and mortgage, as applicable, with the town clerk of the municipality. 

Purchasing a home is likely the most expensive personal transaction that you will experience. Your attorney can be an invaluable resource to assist you through the process to make it seamless. Working together with your real estate agent and mortgage lender, your attorney will make the transaction as smooth as possible for you.  The experienced real estate team at Willinger, Willinger & Bucci PLLC is available to answer your questions and guide you from contract to ownership.