What is a real estate lawyer's role in a real estate transaction?
A real estate lawyer plays a critical role in a real estate transaction. In Delaware, a real estate lawyer is required to assist buyers and sellers with the legal side of a real estate transaction. The lawyer ensures that the legal documents used in the transaction are properly drafted, executed, and recorded. They also help both parties understand the terms of the contract and are responsible for making sure all parties agree and understand the applicable laws. Real estate lawyers review and explain financing options and provide guidance regarding the mortgage application process. They make sure that the terms of the mortgage are in the best interests of their client. Real estate lawyers also help the parties with the title search, ensuring that there are no title defects or other problems with the real estate prior to the closing. They review the documentary stamps that need to be paid and advise the parties regarding any liens, easements, or other restrictions on the property. Real estate lawyers also assist their clients by preparing closing documents, attending the closing, and ensuring that all of the necessary documents are properly executed and filed. They help the parties protect their interests throughout the entire real estate transaction and provide advice and guidance as needed throughout the process.
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