There are lots of legal issues that can come with buying a house, but if you know how to handle them your home purchase will go smoothly.
Whether you’re buying your first home or your seasoned pro, you want the home buying process to move smoothly. Many people don’t realize just how many things can get in the way of their purchase. Even if you’re working with qualified professionals, little issues can pop up and turn into big problems.
The best way to avoid legal trouble when you’re trying to buy a home is to understand the risks and know how to address them. In this article, we’ll take a closer look at some potential legal issues that might keep you from buying your dream home and how to overcome them.
Structural Issues
This topic can be a problem for both sellers and buyers. It’s where the term “buyer beware” really comes into play for the housing market.
As you tour homes, they’ll likely be decorated and fixed up to look their best. Don’t let this fool you. It’s important to ask questions about the structural integrity of the home, including:
- Roof leaks
- Foundational issues
- Termites or pests
- Previous damage to outside areas
The seller should provide you with accurate, truthful information, but there is also a burden on the buyer to verify what they’re telling you. Many buyers shy from verifying information due to home inspection costs, but that’s the easiest way to make sure you’re not taking on expensive problems.
Code Violations
Another consideration is the regulations and building codes in your area. You want to make sure that the home you’re buying is legally made. It should meet all of the local and state requirements for a safe home.
A home inspector can help you evaluate compliance in this area or you can choose to work with a contractor. Both of these professionals have in-depth knowledge of what is required to make a home safe and the building codes in your area.
Real Estate Agents
Your real estate agent is there to help you get the best deal on a great home. But if they aren’t quite sure how to navigate the process, they can get you into significant legal trouble. You need to find a real estate agent you trust who also has experience in purchasing and selling homes.
Your real estate agent will handle lots of legal paperwork for you and walk you through the process of transferring a title, signing the deed and officially owning your home. This means they have to work with your lender, your bank and the other agent. If they mess up one part of the process, it can significantly slow down your purchase or even disqualify you all together.
Property Disputes
Have you ever had a fight with your neighbor about where the property line actually is. Maybe that’s even why you’re moving! The last thing you want is to buy a home that’s in the middle of a property dispute. Although the seller should mention this before you purchase, it’s always a good idea to ask just in case.
If you’re buying a home in a neighborhood with an HOA and there’s a dispute, the president of the association may have to get involved. It can become a long process to figure out who that strip of yard belongs to, so you want to make sure you aren’t inheriting that problem with your purchase.
True Owners
It’s always smart to do a title search before buying a home so you know that you’re paying the rightful owner for your new home. Some people might inherit a home or take it over from a loved one who’s passed away, but they never get the title transferred to their name. That can cause problems when you go to buy. If the person you’re buying from doesn’t own the title to the house, then you should either bring it up or look elsewhere.
There are lots of legal issues that can come with buying a house, but if you know how to handle them your home purchase will go smoothly.
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