Buying a new home in TV
 

I was told that it is not necessary to hire a real estate lawyer to represent me at closing on a new home. Is this common practice? It does not sound right to me.

I was shocked, but there was no need for a lawyer.

On the other hand, I never heard of being represented by a lawyer at closing. I thought all closings were handled by title companies.

No need, the paperwork is almost always perfect when you get to closing. I say almost because there were last minute corrections to the down payment information in the documents due to my mortgage company sending over changes the night before that were forgotten. It was fixed in minutes and everything went smoothly.

They do 10 closings a day in The Villages, it's in their best interest to do it right every time and not have any hiccups. There are lots of lawyers and realtor living in The Villages that would catch any problems during closing and would raise a stink.

You'll find, as have all the contractors, that information about bad experiences travel very fast in The Villages. More than one contractor has gone under due to word-of-mouth information.

Read everything at closing if you haven't already. Everything is spelled out in black and white. Too many people don't and later say "I don't know..." or "they didn't tell me...". Whatever your realtor said or promised is irrelevant unless it is in the contract. Some, not all, of the sales force are kin to used car, vacuum, encyclopedia, or snake oil salesmen who will say anything to make a sale. If it's not in writing in your contract, you're not going to get it.

It will be the easiest closing you will go through for buying a house.

On a new home the developer uses its own contract and other documents. I have never heard of a case where the developer was willing to alter any of its conditions which makes a buyer spending money on an attorney hoping to change any provisions pointless. It is what it is. BTW, the sales agents working for the developer are licensed by the state of Florida to sell real estate but they are not Realtors so they are not held to the Realtor code of ethics.

Please share with us who told you that.

I guess the question would be, who used a lawyer and were they successful in changing anything in the contract? I suspect the answer is no but would be interesting to hear what was able to be challenged.

In NJ you have to use a lawyer. (We have bought and sold homes in 5 states and NJ is the only one that required a lawyer.)

kathy

We lived in Atlantic county in NJ and bought and sold 6 houses and never used a lawyer. This was from 1981 to 2019. All paperwork was completed by the title company.

In Central, Northern & Western N.J. not only do you need a Lawyer at closing but sometimes a Suit Of Armor is appropriate. I will be represented in Florida In The Villages for my next closing without a doubt. I have absolutely no problem to report from our first closing but for $500 I want someone to look things over on my behalf. The majority of the people I know didn't lawyer up for their Villages Closing and have had no problems.

How about THE FACT that you can not bring a Certified or Cashiers Check to a Florida Closing. It has to be via wire transfer. If there is one number off the possibility exist's that your money will end up in only God knows where and you will not be able to retrieve it in many cases. This was my experience anyway, yours may differ. Good Luck with to the OP with your decision.

Both seller and buyer must be represented by lawyers in Massachusetts at closings but not when we closed on our home in The Villages. What a relief!

I would say no, a lawyer is not necessary. However your real estate salesman needs to be honest and ethical.

When I lived in NJ I never used an attorney my brother in law was a salesman, broker and had his own real estate firm. I used him not attorney. I only knew of people to use an attorney for sale by owner or foreclosure sales

This is one of the reasons why we chose to go through an "outside-the- bubble" realtor to purchase our home here. We certainly were not interested in buying a new home in what was the barren south several years ago.

The title company really doesn't care about you. They will get their money, no matter if you get screwed or not. Why would you buy something for $300k+ and have no one who knows what you're signing attend. What might it cost you, $300-400 for a real estate lawyer to read over the paperwork for you before closing so everything is in YOUR best interest? Not the lender or title company.

OK...Let's gamble! Here is how it goes: You move in from a State other than Florida. You know absolutely nothing about Florida, especially on matters related to real estate. That includes the laws, customs, and regular real estate procedures. You are plopping down three hundred thousand dollars (more or less) of your hard earned money over the decades (how long did it take you to earn this and save it?). You are signing a lengthy contract that holds you to Developer standards for decades (hopefully) to come. You are hearing some of the finest, professionally reviewed advice you could ever get from the Talk of the Villages from people who are unidentified. On the other side, you have heard many people buy in the Villages and they don't seem to have any problems. Does that mean there have never been any problems? So, here is the balance act, spend 500 bucks on a $300,000 (more or less deal) to have peace of mind or take a roll of the dice. Once you sign the contract, you are bound....whether or not you consult with a real estate lawyer who has had at least seven years of post-secondary professional education.

By the way, how much are you spending on drapes?

Not necessary to use an attorney in NJ but northern NJ people seem to use a lawyer and in the southern part of the state, people use title companies. Always a good idea to have someone look over stuff but with new houses, it seems less of an issue and you can read it yourself. No negotiation with the new house either here or in NJ.

We closed twice here and more than eight times in Ohio and Indiana without a lawyer. Some states require them. I had NEVER heard of anyone using a lawyer at closing until it had been brought up many times here. Also in the more than a dozen years I have lived here I haven't heard of anyone having trouble with closing. Some people said they were surprised at the bond. It is imperative you know about the bond. It is a significant added cost usually added to the cost of the home in other states. Sometimes in used homes the bond is partially or completely paid.

In new homes here the cost of the bond ranges from about 15K to about 50K depending on the type of home and where it is. I do not think that the developers sales people are any less ethical or efficient than a realtor with a big R.

I find house sellers from a little annoying to very annoying and the villages sales agents are NOT pushy, have no need to lie to you, because if you don't want it the next folks will.

Not needed in Florida..

I would always use an attorney to close on a real estate transaction anywhere. The Villages, in 2010 insisted I did not need title insurance. Are you kidding? Are you capable of reading a survey for boundary lines and easements? How many people post about being angry that they bought a lot adjacent to vacant land and now they are building an apartment complex or Lowes behind them. Obviously, they missed the disclosure by The Villages in the contract!

We've never used a Lawyer; on the other hand, our daughter in Chicago has to use one every time she buys or sells. It's different requirements or procedures in different areas. Here in TV, you don't need one unless you want one to personally review your contract prior to closing. Having gone through two closings, I wouldn't use one. No need...you don't get to change anything.

We closed remotely, but we didn't buy from TV realty...we bought a previously owned home from the MLS. We used a Title company and all went well, including the wire transfer. We did have an attorney look over the contract to purchase prior to signing, as there was an issue with the roof and the sellers were replacing it. They wanted us to pay half and the title company would hold the 2nd half in escrow until the work was done. My lawyer nixed that and we delayed closing until all the work was done.
Prior to the wire transfer, the Title company required us to call and verify that it was going to the correct bank. They sent us the information well ahead of time so we could be assured we weren't being scammed. My bank in PA (Wells Fargo) handled the wire transfer for us free of charge.
The attorney at closing is really there to insure that the title is clear. That's what your title company is doing for you and they are insured.

Lawyer at closing
 

Our 1st closing with The Villages was in 2004. Coming from NJ where closings are an expensive nightmare, we were amazed at how quick, simple and smooth the closing was. Our 2nd closing in 2013 was exactly the same. the Villages do it right.

I believe lawyers may be required in North Jersey but are optional in South Jersey.

You must come from NY...where they are required. Feel free to hire a lawyer, and that's your business, but you do not need one here. It will be easy money for him. BTW, I sold houses in both GA and FL. Title company handles everything here very professionally.

I was a residential loan closer for years. We bought the land here and had a house built on it in the Villages. I took over 2 hours at closing and went thru everything and read every piece of paperwork. I would suggest that even if buying a new home you either sit and read thru every piece of paperwork involved and ask any questions you may have or that you pay an attorney to do that and explaine everything to you, all deed restrictions on your property. It's a very small amount of money compared to the cost of your home. The Villages and title company makes sure you have a clear title, you are not hiring an attorney for that. You are hiring an attorney to explain all the additional paperwork and restrictions on the land and future increases allowed to your amenities fees so there are no surprises. The Villages would not give us anything to read before closing and the villages sales representatives are not licensed realtors. It also clearly states in paperwork that you sign at closing that anything a sales rep. tells you is not binding, only what's in the paperwork you sign is binding. If you sign the paperwork without reading it or having it explained to you by an attorney you might end up quite unhappy and posting on this site. Hire an attorney to represent you. It is money well spent.
As I said, I read it all 19 years ago and have been very happy here. Oh, I was 45 when I moved here.

We are closing on Monday and will not have a lawyer present. I will admit I did not read the entire contract but if there were something shady some one would have caught it with the volume they do.

I just bought a CYV in January and I went to my BOFA branch and got a bank check for the remaining amount after the earnest money and handed them the check at closing.. It was a resale sold by the Villages. Was actually the most organized and quickest closing I ever had.

Bought and sold several homes in Florida since 1985 and never had any issues. Several of the documents you sign are required by Florida law for a real estate transaction. The key document is the settlement statement. Its important that you understand that and do a little math. I have built 3 new homes in Florida and you will find that tract home builders will not change their contractual documents unless its in times like the last financial crisis when they 'needed' to sell 'any' homes.. In times when they are flying off the shelves like in TV they will say take it or leave it.

Most states are Title states and do not require an Attorney. The Title company handles all the needed searches and paperwork. It is much more effective and streamlines the process. I was a Mortgage Broker in NYS and having an Attorney for the Buyer, Seller and Lender is cumbersome and a lot more expensive for all parties.

Better to know than to complain
 

It's not the "something shady" that you have an attorney there for, it's so that you understand all the restrictions on your property and future fee increases. It's so that you are buying with your eyes wide open and with full knowledge. That is worth a few hundred dollars. So many posters here never read their documents and now complain about things that are clearly spelled out at closing. You're spending a lot of money on your new home, how about truly knowing what you are buying into? Better to know now than to complain later.

Have purchase and sold many homes;sold last 4 myself and help lady in a villa behind us sell her's(only took 2 weeks);a title company handles everything according to the real estate laws in that state

OP, trust me when I say hiring a lawyer would be a waste of your money. But if it makes you feel better it’s your right and your money.

If you are getting a mortgage then it's probably in your best interests to have a lawyer anyway. But no it's not required. In Connecticut it is, which is why you don't see 10-day closings in Connecticut. Lawyers are notorious for being too busy to schedule closings that soon; minimum 30 days, average 45 days.

Title Companies
 

We found that Title Companies do a good job at closing, and most have or are owned by attorneys to watch over the processes.

Using title/escrow companies I had bought and sold properties in DC and VA prior to moving to a city in upstate NY. There, as a newly minted member of the NY bar, I bought my first house acting as my own attorney. We settled at a table in the courthouse. The seller's attorney led me through the process which centered around obtaining clear title. Title/escrow companies perform this function in most states and of course employ in-house attorneys to supervise as well as handle particularly nettlesome title issues which can and do arise in situations like large land sales, such as from a farmer to a developer. In buying a new home in TV one probably need not worry much about clear title although purchasing an owner's title policy is usually advisable. Many if not most folks can read and understand the plethora of documents that need to be executed at a closing if given time to carefully go through them. Of course a real estate attorney can help explain some of the more technical issues. Now all that being said, buying a new home in TV is like signing a software license. It is a take it or leave it deal. No provisions will be changed.

Don't know who told you that punkpup (probably a lawyer), but I have closed on dozens of properties in MA without being represented by a lawyer.

Your choice ultimately, but a waste of money from my perspective.

CoachK and I, sportsguy, closed on a custom designed new construction last May. Did not need a lawyer at closing, however, we did have a FL lawyer review the contract, and her comment was: "They do things a bit differently in the Villages, but nothing wrong or illegal." Close to a standard new home closing in FL. spent $250 on the legal review

In Illinois both buyers and sellers use attorneys. There is a 5 day attorney approval and inspection period before contract is valid. I have had attorneys make changes in my contract that were inserted by the realtor in my best interest. In Fl there is no such thing. When you sign that contract it's valid. My last transaction was my buying a villa in TV (my 2nd house) and because I had bought before I went thru the paperwork really quickly initially all the indicated areas. I was in Chicago at the time. Come to find out when the villages called me that there was a special assessment every month for an HOA that I wasn't aware of as this area had a pool that was maintained by the residents of those villas and not maintained by the villages. Because there was no dollar amount specified I did not catch the line that said special assessment and was locked into a contract with an extra $55 month HOA fee! An attorney if I had used one would have caught this but of course it would have to have been prior to my signing the contract in Fl. I was stuck and steaming mad!

I have purchased six homes in three states and never had a lawyer at the closing. Usually you have the closing documents before the actual closing and can decide if you need a legal opinion. I did want to have a inspection and radon test of the new home in The Villages. I was told no so I said OK thank you and got up to leave. The Villages salesperson got the manager to take the home off the market for four days so that I could do my due dilligence.