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Kevin S. Sanders |
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Buying a home may be the biggest single investment of a person's lifetime. Thus, it is extremely important you, the prospective buyer, use the greatest caution in busying a home. For your protection, consult your family lawyer before you sign or buy. This can help you avoid trouble down the line. The first paper you will receive as a prospective buyer by the real estate broker is the "purchase and sales contract." Few people realize that this paper is the most important step in purchasing a home....the details of this agreement determine what you buy and how you buy it. Before signing, read the agreement carefully and discuss with your family lawyer such items as:
Your attorney may not be able to answer some of these questions, until examining many public records, including court and government files. A real estate title is a right to partial or whole ownership to land and improvements upon the land. If you can prove your title against all the world, and if it is for whole ownership, it is a good title. If in addition the evidence or proof of ownership is contained in proper public records, it is a good record title. Ordinarily only a good record title is marketable. When purchasing a home, you should request a "marketable" whole title. A warranty deed is a conveyance of title plus some warranties or guarantees. The usual guarantees or warranties by the seller are good title, freedom from encumbrance other than as excepted, and possession of buyer as against all others. These guarantees are not adequate protection since they are no better than the present and future financial responsibility of the seller. Title defects have a way of lying dormant for years and perplexing a buyer long after he has paid for the land and after the seller is dead. A title examination is a must. This may seem to be a simple operation, but it is not, it requires interpreting numerous deeds, mortgages, wills, court decrees and other instruments to assure that the title is clear. A title examination can further be bolstered by issuing or obtaining an owner's policy of title insurance. This policy will protect the title against financial loss and cost of defending the title in court. There are many steps between finding the home of your dreams, and the closing on the purchase of your dream. Closing a real estate sale is a technical and complex operation. As a careful buyer, you should insist that your attorney be present at the closing, checking each and every detail to avoid problems down the road. |
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