Do I Need A Lawyer

[steve 681]

Buying a "new" Ranch home in the village of Amelia. Do you think I should retain a lawyer for the closing

[MikeH]

If you don't know if you do, you do.

[nhsnowbird]

We've always used a lawyer ... new home, pre-owned home, or for sale by owner ... never had any problems at closing and we want to keep it that way!

[JohnN]

I've closed with lawyers and without 'em. I really never got any value as much of the stuff is standard, but you do need to read and understand it. Depends on how comfortable you are with it all.

[784caroline]

Why do you think you need one?? I would venture a guess that the majority of people who close on "new" homes with the villages do NOT have a lawyer involved...but each case dictates its own needs. Many people close by mail and have no problem and if there is one, just call the closing dept and they will truly try to resolve your problem. If its peace of mind you are after......a lawyer to review your papers should no cost more than $250.

[Sidney Lanier]

We bought a resale privately, and both we and the sellers relied only on TV's Closing Department, as had been recommended to us by friends who bought and closed the same way. It went absolutely smoothly with no problems at all, but then again, the sale was simple and straightforward with nothing exceptional involved.

[Barefoot]

We didn't use a lawyer for the purchase of our resale through MLS. But I was comfortable that I understood all the paperwork, having a real estate background.

If you have any doubts at all, yes, you do need a lawyer.

[Frangyomory]

IF a lawyer can assure you of full disclosure from the developer then by all means hire one. However, it may be an expense you don't need. Better to really read all the stuff you get so you really understand what being a home owner in the Villages means.

I would further suggest that once you have moved in, you hire a home inspector to check the entire house from attic to foundation for any possible problems while you are still in your first year of ownership. That first year is important as it is the last opportunity you will have to ensure that the developer/builder take care of any issues with your home. After that, you are on your own.

If you are buying a court yard villa, understand that the villa wall surrounding your property becomes your responsibility once you sign on the dotted line.

You just really need to READ the hundreds of papers you will get so you understand everything.

IF you think a lawyer will be able to do that, then hire one.

Best of luck and welcome to our wonderful home town!!!!

[SteveFromNY]

We closed by mail in 2005 and it was the easiest closing I've ever had. We did not use a lawyer. Of course for your situation it's up to you. A few hundred $'s could buy you some peace of mind....

[Boomer]

In purchases past, elsewhere, not in TV, not there yet, we have always requested closing papers 48 hours ahead of the closing. (Sometimes they came in later than 48, but we always had them ahead of the table.) How does such a request go over in TV?

Sometimes we have used an attorney. Sometimes not. With our FSBO's we always did, whether we were buyer or seller. My last FSBO contract had 25 little clauses in it. I was the seller.

But in every real estate deal I have ever been in, I have never been a stranger in a strange land. It has all been local to the place where I have lived all of my life. So I know the territory.

Things are often done quite differently from state to state. The no-contingencies thing that I have heard about in TV freaks me out a little -- well OK, it freaks me out a lot. But I will figure it out.

When we buy, we are planning to just tiptoe in, not dive. We are not selling our house here. We cannot be fulltime Villagers at this point.

So I have some time to figure it out. Probably with an attorney. Have to find one there first. It might not end up being an attorney at the table but I think I need one to educate me on how this all works. Florida real estate stuff is so different from what I am used to.

But it all truly remains to be seen.

Boomer

[eldon]

I suggest that you get a Home Inspection first of all. Lawyer not as important as this.

[Boomer]

I suggest that you get a Home Inspection first of all. Lawyer not as important as this.


Hi Eldon,

That is part of the no-contingencies thing that I was talking about in the above post. Where I live, inspections are done before the closing and deal killers can be built in by the potential buyer. Now, of course, a seller would not tie to a contract with silly contingencies in it, but there are things that can be found on inspection that could warrant a buyer wanting to kill a deal.

As I understand it there, the seller is supposed to fix whatever is found but the deal must go on. Cosmetic issues we can find and fix ourselves if factored into the selling price. It's the idea of having a real biggie found after the closing.

When we were there last fall, I kept thinking I was understanding this wrong. I thought I was being thick-headed or something.

For me, when it comes to buying a home, the thrill of the chase needs to end at the closing table, not take off in another direction.

If I am still not getting this and have it all wrong, I know somebody here will correct me. I actually hope they do. But, for now, the way I get it is that inspections happen after closing.

btw I know this thread began with a specific question about whether a lawyer is needed for a new house, and now I am off and running somewhere else. Maybe "off" is the operative word here.

Boomer

[villages07]

Boomer,

When buying a new house, with the 1 year bumper to bumper warranty, it is advisable to get an inspection sometime during your first year. Not sure if TV would even permit it before closing and certainly would not allow contingencies, but,as you've read in other threads, their warranty process is extremely efficient and responsive. We waited til about the 10 month mark to get the inspection done. Others had it done soon after closing to find all the obvious stuff up front.

Resales are a different animal...whether buying MLS, VLS or FSBO. Resales would be no different than you are used to in Ohio. As a buyer, you put a clause in your offer about subject to inspection and get the inspection done soon after the contract is accepted.

Lawyers...on a new sale, we didn't use one and closed by mail. TV has this whole process down to a science. We, of course, read through all the docs and asked our questions up front.

[Boomer]

Thanks '07,

I also wonder if MLS resale differs from VLS resale in what happens with contingencies that can be included.

I have considered requesting a blank one even before finding a house just to see how things work.

I am going to send you a message with another question so I just wanted to let you know there is incoming from Boomer.

Boomer

[graciegirl]

Wow. (I know, another thread is being hijacked but...) I had no clue that an inspection is not allowed before a closing on a new house. Yesterday, we fell in love with a new Lantana at a good price and Sweetie was ready to roll. I keep saying loudly to myself and Sweetie. "We have only been here 24 hours!!!!" Are we crazy, dementic or just plain cold? (Could you villagers please turn up the heat, it is warmer in Ohio!)

OH boy. The thread police have their lights on. :cop:

[JohnM]

We closed earlier this month on a brand new Lantana. We had it inspected before the closing, found a couple of minor things which were immediately fixed (before closing). We plan to have it inspected in about 11 months.

Good Luck with your search for a home in TV.

John

[JohnM]

I just re-read some of the earlier posts in this thread and I wanted to clarify my reply: We did NOT have a contingency re inspection in our contract; TV does not like contingencies in their contracts for new homes and they do not have to accept contingenices if they are in an offer; we did NOT have an inspection contingency in our contract, but requested a pre-closing inspection which was scheduled; I did not expect major issues and there were no major issues; I was amazed that the builder and the TV sales rep met my inspector and the builder brought a helper with him and was making the minor repairs as the inspector identified them; the remaining minor repairs were corrected the next morning prior to closing; I was impressed.

John