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The Role of a Buyer's Closing Attorney

Posted by Melvin Monachan | Jul 24, 2018 | 10 Comments

While purchasing a home is an exciting time in one's life, the process can also be extremely stressful. Contracts must be executed, the title must be checked, loan documents must be signed, and proceeds have to be delivered to the right people. Although a lawyer's assistance in a real estate closing isn't mandatory in New York, a closing attorney can be a valuable asset for a homebuyer, and provide peace of mind throughout the entire process. If you are purchasing a home in New York state, the Law Offices of Melvin Monachan can help.

The Role of a Buyer's Closing Attorney

Preparing or Reviewing the Contract

In New York state, a seller's attorney generally drafts an initial contract for purchasers and sellers to sign. The role of a buyer's attorney, however, is to review the terms of the contract and explain these terms to the purchasers so that the purchasers understand the document which they are signing. A buyer's attorney often adds additional terms to the contract for the buyers and sellers to negotiate. Oftentimes, a buyer's closing attorney will even negotiate these terms on your behalf along with your agent.

Checking Title

After a contract has been executed between a buyer and seller, a buyer's closing attorney will order title work for the piece of property. The closing attorney will review this title work and search for any problems--otherwise known as "clouds"--in the property's title, such as judgments, easements, or encroachments. If any clouds in the title are discovered, your attorney will determine the necessary steps to resolve the issues.

Obtaining Title Insurance

Title insurance is an insurance policy which protects both you and your lender from any costs which may accumulate if you were to have to defend the title to your property. Your attorney can help you obtain a title insurance policy for your home.

Collaborating with Lenders

If you are taking out a loan to purchase the property, your lender will require a large amount of paperwork in order to approve you for a mortgage. Your attorney will work with you to provide your lender with the necessary documents for your loan.

Attending Your Closing

Attending your closing is arguably your closing attorney's most important role in the closing process. During the closing, your attorney will represent your interests and explain to you the purpose of each document you are signing and what impact these documents have on your closing. Your attorney

Disbursing Funds

Once a real estate closing is complete, a purchaser's attorney will ensure that funds from the closing are properly disbursed. This includes paying sellers, disbursing commissions to real estate agents, and paying taxes for your property.

Purchasing a Home? We Can Help

If you are in the process of purchasing a home, the Law Offices of Melvin Monachan, PLLC are standing by to assist you from contract to closing. The purchase of a home is one of the most important--and most expensive--purchases in your life; don't try to wade through the closing process alone. To learn more about the closing process, or to schedule the closing of your home, fill out an online contact form or call (347) 620-0565 today.

About the Author

Melvin Monachan

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...


Lyla Peterson Reply

Posted Oct 07, 2019 at 08:23:03

I like that an attorney can help to explain the terms of the contract before you sign it. My husband and I were unsure if we should hire a real estate attorney before buying a house. It sounds like it could be helpful for us and ensure that we agree with all of the final contract terms.

Victoria Addington Reply

Posted May 11, 2020 at 03:13:22

After looking through real estate home listings in Groton, I am thinking of taking a visit and if I like it, I might close a deal then. However, I had no idea that it is necessary for a homebuyer to hire a real estate closing lawyer. You noted that it is their duty to review the contracts and make sure the I understand the terms and conditions before signing. With that, I shall then get myself one to serve as my guide in the homebuying process.

Taylor Reply

Posted Dec 29, 2020 at 08:53:55

I appreciate the advice about obtaining title insurance. I’m thinking of getting a closing attorney for a house. Your tips will help me find the right attorney for my situation.

Shammy Peterson Reply

Posted Nov 19, 2021 at 19:11:54

Thanks for pointing out that a closing attorney can best represent your best interest and can explain each document that you will sign. My husband and I are planning to purchase a bigger house for our growing family. This will be our first time buying a house, so we want to be aware of how we can handle contracts.

Shammy Peterson Reply

Posted Nov 23, 2021 at 22:20:54

It was helpful when you said that a real estate closing attorney makes sure to properly disburse funds, including paying taxes for your property. My sister will surely consider hiring a property tax attorney, then. She is planning to buy the house that she saw on the internet, and she wants all the payments to be handled smoothly for her. Your tips will surely ensure that she would have peace of mind that her property’s fees after the sale are going to be taken care of.

Eve Mitchell Reply

Posted Nov 29, 2021 at 16:38:05

It’s good to know that a real estate lawyer can help you check the title of your home. I’m hoping to hire one for my home-buying process. I’m sure it’ll give me a lot more peace of mind.

Shammy Peterson Reply

Posted Dec 09, 2021 at 01:01:38

It sure was helpful when you said that it is necessary before closing a property sale for a closing agent to search for any title problems. This reminds me of my mother who is planning to buy the property that she saw online because of its location. She would surely want to ensure that she won’t end up paying more due to property debts, so I will ask her to consider a municipal lien search service.

Merchant Law Reply

Posted Dec 26, 2021 at 08:35:10

Your blog is very nice. These tools are really very helpful…:-)

[email protected] Reply

Posted Mar 01, 2022 at 04:53:20

Its interesting when you said that attending your closing is arguably your closing attorney’s most important role in the closing process. I want to sell my house and I am looking for a great deal. Thanks for the article on role of a buyer’s closing attorney and I will be sure to keep your information in mind!

Karen Rymer Reply

Posted Apr 25, 2022 at 20:57:35

Very nice post!
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