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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. |