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Real Estate Closings Overview
Prospective home purchasers or sellers undertake the largest single transaction most
of them will ever undertake in a lifetime. Thus they should exercise especial care that
the deal concludes without problems. While many buyers and sellers never seek the
assistance of an attorney, hoping that everything will go smoothly and hoping to
avoid the additional costs, the costs of an attorney and proper title insurance are only
a small fraction of
the transaction costs, especially if they are compared to the costs
of problems that could develop.
an attorney representing the buyers will primarily focus on the purchase price, the
inclusion, exclusion of personal property, financing clauses, inspection clauses,
defaults and penalties and will review disclosures made by the sellers and make
certain they are in compliance with Idaho law. Once the contract has been finalized
and executed by the parties, the buyer's attorney can then assist with the loan
process, problems that arose during inspection and title and escrow companies to
prepare everything for closing. A seller's attorney will focus on warranty and penalty
clauses and review that financing contingencies are acceptable to the seller. After
signing, the attorney can order title insurance and work with the insurer to clear any
potential defects or exceptions, and prepare deeds, promissory notes and deeds of
trust as necessary.