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Top 4 potential legal issues buyers should be aware of when buying a home

On Behalf of | May 12, 2023 | Real Estate

It is easy to get lost in the excitement of purchasing a new home and forget that it is not always a smooth process. Issues may arise during the process, and you may suffer significant financial losses if you are not careful.

As a potential home buyer, it helps to understand the intricacies involved in a home purchase to protect yourself from legal and financial liabilities. Here are some of the most important things buyers should know about when buying a home.

A clean title

The importance of a clear or clean title when purchasing a home cannot be overstated. Buying a house with a problematic title can be frustrating and expensive. You may find yourself in endless legal tussles after buying with liens, encumbrances or other third-party claims against the title. A title search and a title insurance policy can help verify and protect your ownership rights.

Contingencies

Contingencies are provisions in the purchase agreement that must be met before the sale can be finalized. These may include obtaining financing, satisfactory home inspections or the resolution of any legal disputes. Contingencies are a must-have in your home purchase agreement as they allow you to back out of the deal or renegotiate the terms if anything goes wrong.

Seller disclosures

Property sellers are legally obligated to disclose certain information regarding the property to help a buyer make up their mind. Such disclosures include any existing structural issues or defects with the property, environmental hazards or anything that would affect your stay at the property. Buyers need to review these disclosures carefully to identify any potential issues before closing the sale.

The purchase agreement

A purchase agreement is a legally binding contract that outlines the terms and conditions of the sale, such as the price, closing date, contingencies, warranties and responsibilities of both parties. Always read and understand the purchase agreement carefully before you sign it.

The importance of seeking legal guidance

When signing a purchase agreement, the devil is in the details. You will not want to commit to a raw deal or risk financial losses in pursuit of your dream home due to ambiguity in the documents you’re being asked to sign. Seeking legal guidance can help you understand the implications of the agreement, allow you to make necessary modifications and better ensure that your interests are protected throughout the transaction.