Questions to Ask Attorney When Buying a House
Questions for a real estate attorney when you are buying a home, covering their fee and scope, the contract you are about to sign, title and survey findings, contingencies, and closing day.
The questions
Open any question for the note
Is an attorney required for closings in this state, or optional?
Why ask it
Some states require an attorney to handle a residential closing, others leave it to title companies and agents. Knowing which you are in tells you whether you are buying a legal requirement or an extra layer of protection.
What do you charge, and what does that fee cover?
Why ask it
Ask whether the quote is flat or hourly, whether contract review is included, and what falls outside it. Attending a difficult closing or renegotiating after an inspection is often billed separately.
Which parts of this purchase are yours, and which belong to the lender, the title company, or my agent?
Why ask it
Buyers commonly assume someone is reviewing documents when nobody is. Getting the division of labour stated plainly is how you avoid a gap that only appears at closing.
Can you review the purchase agreement before I sign, and how quickly can you turn it around?
Why ask it
In a competitive market the answer decides whether their review is any use to you. If they need three days and you have one, ask what they can check in an hour and what has to be added by amendment.
Which contingencies should be in my offer, and how long should each one run?
Why ask it
Inspection, financing, and appraisal contingencies are the exits from a contract, and waiving one to look competitive is where buyers lose deposits. Ask what a reasonable period is locally, since custom varies.
What are the deadlines in this contract, and what happens if I miss one by a day?
Why ask it
Real estate contracts run on dates, and missing one can waive a right or hand the seller a way out. Ask for the dates in a list, and who is responsible for tracking each.
How much of my deposit is at risk, and in what circumstances would I lose it?
Why ask it
Earnest money is the real penalty in a purchase, and the answer depends on which contingencies survive. Ask who holds the funds and what happens if the two sides disagree about their release.
What did the title search turn up, and does anything on it concern you?
Why ask it
Old liens, unreleased mortgages, boundary disputes, and heirs with a claim all appear here. What you want is which items will be cleared before closing and which will remain as exceptions to your policy.
What do the easements and restrictions on this property actually prevent me from doing?
Why ask it
Ask in terms of your plans: a fence, an extension, a driveway, a business run from the house. A utility easement across the back garden matters far more once you know what you wanted to build there.
What does the survey show about the boundaries, and is anything encroaching?
Why ask it
A neighbour's shed, a shared driveway, or a fence in the wrong place is much cheaper to resolve before closing than after. Ask whether a new survey is worth ordering if the existing one is old.
Is there an association, and what should I read in its documents before I commit?
Why ask it
Association rules, reserve levels, pending assessments, and litigation all affect what you owe and what you may do. Ask which documents you are entitled to receive and how long you have to review them.
What are the sellers required to disclose here, and what can they lawfully leave out?
Why ask it
Disclosure duties vary a great deal, and in some places a seller may say very little. Knowing where the gaps are tells you what to have inspected rather than assumed.
The inspection found problems. What are my options under this contract?
Why ask it
Typically you can ask for repairs, a price reduction, a credit, or walk away, and each has a different effect on your financing. Ask which route causes the fewest complications with the lender.
What happens if the appraisal comes in below the price?
Why ask it
The lender will lend against the lower figure, leaving a gap someone has to cover. Ask what your contract says about it and whether you can walk away or renegotiate.
How should the property be titled, given my situation?
Why ask it
Sole ownership, joint ownership, a trust, or unmarried co-buyers all carry different consequences on death, divorce, and creditor claims. This is a five-minute conversation now and an expensive one later.
What should I check on the closing figures before closing day?
Why ask it
Compare the final numbers against your loan estimate line by line: rate, fees, prorated taxes, credits agreed after the inspection. Errors are common and much easier to fix a day early than at the table.
What could delay or kill this closing, and how do we get ahead of it?
Why ask it
Usual suspects are underwriting conditions, an unreleased lien, a payoff figure that arrives late, and a seller who has not moved out. Ask which of these applies here and who is chasing it.
What are my options if the seller does not move out or leaves damage behind?
Why ask it
Ask about a final walkthrough, a holdback of funds at closing, and what remedy you actually have afterwards. Suing a seller who has moved states is rarely worth it, which is why the protection has to be built in beforehand.
If something serious turns up after closing that should have been disclosed, what can I do?
Why ask it
The honest answer is often narrower than buyers hope, and it depends on disclosure law and what your inspection covered. Hearing that now tends to change how much inspecting you pay for.
What documents will I have after closing, and which should I keep permanently?
Why ask it
Deed, title policy, survey, closing statement, and any warranties. Ask which are recorded and which exist only as your copy, because replacing the second group is difficult.
Using an attorney well in a home purchase
Practical guidance for the conversation itself
Bring them in at the right moment
Before you sign, not after
The purchase agreement is the document that governs everything that follows, and once signed it is difficult to change. A short review before signing is worth more than hours of help later.
Agree how you will reach them during the deal
Purchases run on short deadlines, often over weekends. Ask for the best way to get a same-day answer and whether their office moves at that speed at all.
Give them the whole file
Send the contract, the disclosures, the inspection report, the title commitment, the survey, and the association documents together. Reviewing one document without the others is how conflicts between them get missed.
What to read yourself
The dates page
Put every contract deadline in your calendar with a reminder two days early. Your attorney and agent track these, but you are the one who loses the deposit.
The title commitment exceptions
The section listing what the policy does not cover is the useful part. Ask about anything you do not understand, and specifically about anything affecting the boundaries or access.
The association documents, if there are any
Look for pending special assessments, reserve balances, rental restrictions, and rules about pets, vehicles, and exterior changes. These are enforceable against you from the day you close.
Where buyers get hurt
Waiving contingencies to win a bidding war
Dropping the inspection or appraisal contingency makes an offer stronger and leaves you carrying the risk personally. If you are going to do it, know exactly what you are giving up before you agree, not afterwards.
Relying on the agent's forms alone
Standard forms are written for typical transactions. Anything unusual, such as a seller staying on after closing or a repair promised verbally, needs to be written into the contract.
Assuming the lender's attorney is your attorney
At many closings the attorney present represents the lender or the title company. Ask who represents your interests, and if the answer is nobody, decide whether that is acceptable to you.
Ignoring how the property is titled
Buyers with partners, second marriages, or children from a previous relationship often default to whatever the form suggests. Ten minutes of advice here avoids serious problems for someone later.