Potential Issues if You Buy a House Without a Lawyer

 Posted on November 15,2024 in Real Estate

When you are seeking to buy a house, you should be represented by a knowledgeable DuPage County, IL real estate lawyer. An attorney can do a lot to protect you during the transaction. Especially if it is your first time buying a home, the process can be confusing. A real estate transaction is nothing like buying a new furniture set or even a car. If you have been through a real estate closing before, you have seen the amount of paperwork involved. Without a real estate lawyer there to read through the language of every document you are asked to sign, you likely will not know what you are signing - even if you look over each contract yourself. These transactions are legally complex, and it is not always obvious what the wording of each document means. An attorney can make sure you are as secure and informed as possible.

What Can Go Wrong if I Do Not Have a Lawyer? 

A lot can go wrong if you do not have an attorney review all your closing documents and represent your interests throughout the transaction. A few of the things that can go wrong when you are buying a house that a lawyer could likely prevent include: 

• Other people with an ownership interest in the house - One of the things a real estate lawyer will do is investigate the chain of title - a record of who has owned the house before - to make sure there is no one out there with an ownership interest in the house that has not been satisfied. For example, your seller could have a former spouse who never formally gave up his rights to the house, and he could reappear at any point. 
• Wrong deed type - Some deeds give you a more secure interest in the house than others. For example, an unscrupulous seller could use a quitclaim deed. A quitclaim deed does not guarantee that the seller actually owns the property and has the right to sell it. 
• Surprise encumbrances - Your lawyer will check to see if there are any encumbrances on the property. You do not want to buy a house and then find out there is an easement for a trail that runs through your backyard or an HOA restriction you did not know about that will interfere with your enjoyment of the property. 
• Unexpected tenants - Any leases that were entered into before the property was sold will stand until they run out or until you terminate the lease with 60 days notice. Your attorney will make sure you are aware if any part of the property is being rented to a tenant. 

Contact a Glen Ellyn, IL Real Estate Lawyer 

NN Legal Group is skilled in protecting the interests of homebuyers. Experienced DuPage County, IL residential real estate attorney Nick Nelson will carefully oversee every aspect of your transaction. Contact us at 630-474-0925 for a free consultation.