Residential Real Estate
Buying & Selling A Home

Buying a home is one of the most significant investments you will make in your lifetime. While the excitement of homeownership can be overwhelming, it is equally important to ensure the process is handled correctly and legally. Hiring a lawyer to assist in purchasing a home can help protect your interests, streamline the process, and prevent costly mistakes. Here are the key reasons why you need a lawyer when purchasing your home:

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1. Navigating Complex Legal Documents
 

Real estate transactions involve a large number of legal documents, including purchase agreements, mortgage paperwork, title insurance policies, and disclosure forms. These documents are often filled with dense legal language that can be difficult for the average buyer to interpret.
 

• A lawyer will review all legal documents to ensure they are accurate and fair. They will explain the terms, conditions, and any hidden clauses that may affect your rights. This includes identifying unfavorable terms, such as penalties for missed deadlines or vague contingencies that could impact your purchase.
   

• Avoid costly mistakes: Overlooking a small legal detail can result in financial loss or disputes down the line. For example, failing to notice errors in mortgage terms could result in higher interest rates or unforeseen financial burdens.
   

• Customizing Agreements: A lawyer can assist in customizing the purchase agreement to reflect any unique needs, such as including contingencies for repairs, specific closing dates, or other conditions essential to the buyer.
   

• Ensuring Compliance with Nebraska Statutes: Real estate documents must comply with Nebraska state laws, such as Nebraska Revised Statutes § 76-101 to § 76-2,144 (covering conveyances and real property transactions). These statutes govern how real estate contracts must be structured, executed, and enforced. A lawyer ensures that all paperwork aligns with these legal requirements, preventing issues that could delay or void the transaction.
   

2. Protecting Your Interests
 

A lawyer acts as your advocate throughout the home-buying process, ensuring that your interests are protected. Purchasing a home is not just a financial transaction but also a legal commitment, and having an experienced professional on your side can make all the difference.
 

• Contract Negotiation: If something in the purchase agreement does not align with your expectations or if issues arise during the home inspection, a lawyer can negotiate on your behalf. For instance, if the inspection reveals major repairs are needed, your lawyer can push for a reduction in the purchase price or require the seller to address the issues before closing.
   

• Uncovering Potential Issues: Lawyers ensure that the seller has clear ownership of the property (clear title) and no unresolved liens, unpaid taxes, or encumbrances that could complicate your ownership. In Nebraska, this step is crucial as per Nebraska Revised Statutes § 76-238 (addressing requirements for the recording of deeds and title transfers). Failing to verify a clean title could expose you to legal challenges after purchase.
   

• Legal Advice: Whether it’s dealing with contingencies, deadlines, or unexpected problems, your lawyer can guide you through the best legal options available. For example, if a seller fails to meet contractual obligations, your lawyer can advise on appropriate legal action or remedies.
   

• Review of Seller Disclosures: A lawyer will carefully review any seller disclosures, such as information about property defects, past repairs, or environmental hazards. Nebraska law requires sellers to comply with disclosure regulations under Nebraska Revised Statutes § 76-2,120, which mandates accurate reporting of known defects. Your lawyer ensures these disclosures are complete and flags any red flags that may require further investigation.
   

3. Title Examination and Title Insurance
 

One of the most critical aspects of purchasing a home is ensuring that the property’s title is clear and free of defects. A lawyer plays a key role in this process, which is vital to ensuring you have undisputed ownership of your new property.
 

• Title Search: Lawyers conduct a thorough title search to verify that the seller has the legal right to sell the property and that there are no liens, judgments, or other claims against it. A proper title search identifies potential issues, such as unpaid taxes, easements, or boundary disputes that could affect your use or ownership of the property. In Nebraska, title searches and public records are governed by Nebraska Revised Statutes § 76-2801, ensuring transparency and proper record-keeping.
   

• Resolving Title Issues: If any issues are found during the title search, a lawyer can work to resolve them before closing. This may involve negotiating with creditors, addressing errors in public records, or clarifying property boundaries to ensure that you receive a clean title.
   

• Title Insurance: A lawyer ensures that you have proper title insurance to protect you from future claims or disputes regarding ownership. Title insurance provides peace of mind, as it covers legal fees or financial losses in case someone challenges your ownership of the property in the future.
   

• Handling Legal Descriptions: Lawyers review the property’s legal description in the deed and other documents to confirm that it matches the physical property you are purchasing. Errors in legal descriptions can lead to disputes over property lines and boundaries. In Nebraska, under Nebraska Revised Statutes § 76-211, legal descriptions must meet specific standards to ensure the clarity and enforceability of property boundaries.
   

Without legal counsel, you may unknowingly purchase a property with title defects that could jeopardize your ownership. A lawyer’s role in this process helps ensure that you can enjoy your new home without future legal complications