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You don't buy a house
every day. So when you finally decide on that terrific new home,
get off to a good start: Start with an attorney. How does using
an attorney benefit you? Hundreds of ways. But here are five of
the most important:
1. Get the
Property You Pay For
Accurate land records
are critical to sound real estate transactions. Yet, in Vermont,
tracing the ownership and description of each piece of property
is enormously complicated. Why? Because Vermont has always kept
land records based on the old English system, rather than the simpler
"tract" system used by many other states. This means that each property
must be searched by tracing the names of past owners and comparing
the legal descriptions of the property. Verifying these land records
is challenging and exacting. Licensed attorneys, with their specialized
knowledge and experience, are best equipped to verify key facts,
property information necessary to obtain title insurance, and advise
you of any circumstances that might affect your purchase.
2. Make
Your Best Deal
Unexpected issues often
arise at the time of closing, and they must be resolved through
negotiation. In Vermont, the seller in a real estate transaction
typically is represented by an attorney at closing. You - the buyer
- are on equal footing during these negotiations only if you have
your own attorney on hand to provide advice and counsel. And, because
attorneys typically take advantage of new technologies to streamline
the closing process, your attorney-assisted closing probably won't
cost any more than a non-attorney closing in other regions of the
country.
3. Avoid Legal
Pitfalls
Property law has never
been simple. But with new municipal, state and federal laws being
enacted all the time, real estate transactions are more complex
than ever. Lead paint, environmental pollution, buried oil tanks,
encroachments, land use restrictions and zoning issues are just
a few of the potential pitfalls in any closing. Buyers and sellers
alike need competent, independent legal counsel to overcome them
successfully.
4. Take Advantage
of Proven Expertise
A custom becomes a tradition
when it is widely recognized as the most effective way to get something
done. That's how attorneys came to be the principal providers of
closing services in the first place, and why smart buyers, sellers
and lenders continue to engage them. The fact is that verifying
title, preparing and explaining deeds, and executing sound real
estate transactions are inseparable from the practice of law. Only
a licensed attorney has the education, the resources and - in some
states - the statutory authority to handle those responsibilities
on your behalf.
5. Spend Money
Wisely
Perhaps you purchased
a home some time in the past without the services of an attorney.
If you look at your closing costs for that purchase, adjust for
inflation, and compare the figures to what an attorney-assisted
closing would cost today, you may be pleasantly surprised. It hardly
costs more to use an attorney. And when you consider the value of
having your own legal expert by your side as you make this major
purchase, the question isn't whether you can afford to engage an
attorney, it's whether you can afford not to.

Portions of
this page are reprinted with the permission of CATIC.
The information
you obtain at this site is not, nor is it intended to be legal advice.
You should consult an attorney for individual advice regarding your
own situation.
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