Purchasing residential property in Colorado is an exciting but overwhelming time for people. Getting the right kind of legal advice is important to make sure mistakes are not made that can delay or hinder the process and prevent problems after the purchase closes.
At Flatiron Legal Advisors, LLC, our Colorado real estate lawyers will help you navigate this important purchase in your life. Contact us at 303-586-1961 to discuss how we can assist you.
Buying Residential Real Estate in Colorado
Your home is most likely the biggest investment you will ever make and it is important to educate yourself on the process so you know what to expect. The following are some of the highlights of the home buying process. Remember, however, that the exact process may differ in the area where you are purchasing a home, and that is why you should speak to a real estate attorney in Colorado to make sure you follow the process accordingly.
Team Up with a Real Estate Lawyer
One of the first decisions you need to make is whether you need or want the assistance of a real estate lawyer. A lawyer will ensure your rights are protected and the seller's obligations are met. The former ensures you get the best deal when making one of the largest investments of your life, while the latter ensures you do not suffer delays or damage due to legal issues caused by the seller.
Making sure your real estate transaction is legally sound is critical, and a real estate lawyer has the skills to do so.
Team Up with a Real Estate Agent
An agent can help guide you through the buying process, from determining your budget to finding your home and placing an offer, to closing on the purchase of your house. If you are familiar with the area you are buying in and have bought homes before, you may not need their assistance. If you are new to the area or new to purchasing a home, you may want the help of an agent. Having an agent should not cost you anything out of pocket. The seller usually pays agents out of the proceeds from the sale of the house.
Find Your New Home
This is the fun part – looking for your new home! Attend open houses and schedule walkthroughs. Be sure to stay within your budget, so you do not get your hopes up on a house, only to have them slashed in the end.
Make An Offer
Once you have chosen the home you wish to purchase, it is time to make an offer. If you have a real estate lawyer, they will help guide you through this process. An attorney can also help you anticipate whether other people will likely bid against your offer given the current market. If so, you may want to increase your offer, if your budget allows it.
Due Diligence including Inspections and Title and HOA Review
You need to have the home and property inspected and title work and HOA documents (if applicable) reviewed. This process is designed to help uncover any problems with the home. If problems exist, you will have the opportunity to have the issues timely addressed and having a lawyer help you navigate these issues and negotiate if needed can be very helpful. Keep in mind, anything that arises from the inspection or title work could impact the value of the property and HOA rules may limit how you use the property and a lawyer can help highlight possible surprises.
Attend the Closing
Closing will be scheduled for you to close on your new home, and you will be told what to bring. There are many closing documents that an attorney can help you review.
Seller Disclosure Requirements in Colorado
Sellers are required to disclose known material facts to a buyer when they sell their homes. Although this varies widely by jurisdiction, some of the most common disclosures include:
- Any known structural defects or hazards
- Environmental hazards
Failure to disclose the required information can result in lawsuits against the seller. That said, keep in mind certain sellers may not be required to disclose information. For example, in some states, if the party selling a house inherited it but never lived in it, they will not be expected to complete a disclosure statement.
How a Residential Real Estate Lawyer in Colorado Can Benefit Your New Home Purchase
There are many reasons to hire a real estate lawyer when you are in the market to purchase a new home or residential property.
- Loyalty. Remember that for most people, purchasing a home is one of the largest investments they will make in a lifetime, so getting it right matters. There are many potential parties in a real estate transaction, from the seller, the lender, the real estate agent or broker, the title company, and more. Most have their own interests in mind but one: your real estate lawyer. Your lawyer will be loyal to you, your needs, and your wants.
- Title Search. Simply because you end up with keys to a new home does not mean you own it. A title search must be conducted, and it must be thorough. There may be other interested parties who can take the home if issues are not dealt with before closing. A lawyer will conduct a thorough search to uncover any hidden title issues, saving you time and money.
- Documents. Your lawyer can draft, review, and negotiate documents on your behalf. This benefit is critical because you may not understand exactly what a document's terms and conditions are or mean. A lawyer can explain these things to you in a manner you understand so that you are informed. When you are informed, you can make better decisions for yourself.
- Suggestions. A lawyer who has been in the real estate industry for a while knows a few things that may benefit you. The lawyer can suggest when a new survey should be made of a property, how to save on insurance, and other tips you may not have known.
Always keep in mind that not all attorneys have the same experience and the same way of conducting their practice. Meeting the real estate attorney first will help you understand if they meet your requirements and needs.
Contact a Residential Real Estate Attorney in Colorado Today
If you are looking to purchase residential real estate in Colorado, it is a good idea to get smart legal advice. Contact Flatiron Legal Advisors, LLC today by filling out our online form or calling us at 303-586-1961. Our real estate lawyers can assist you with part or the entire home purchasing process.