The term “residential transaction” means a transaction which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract for equivalent consensual security interest is created or retained against the consumers dwelling to finance the acquisition or initial construction of the dwelling.
Not every transaction needs the advice or inclusion of a real estate attorney but when things get a little bit confusing, tricky, or the transaction itself is unusual, a real estate attorney can be brought in to clarify details of the transaction, review certain documents such as a homeowner associations covenants, conditions, and restrictions, or verify the validity of certain types of clauses and addendums.
As a real estate attorney, I am equipped to prepare and review certain documents relating to the real estate transaction such as but not limited to purchase agreements, mortgage documents, title documents, and transfer documents. I can provide legal guidance for certain individuals relating to the purchase or sale of real property.
Residential transaction is a real estate transaction done on residential property as opposed to commercial property. Residential would be homes, duplexes, manufactured or mobile homes, condominiums, townhouses, and even some multifamily complexes and buildings.
Real estate attorneys are not required to buy a home but can be used in addition to a real estate agent or broker. Each state has its own set of real estate laws and while a real estate agent is not legally required to purchase or sell property, agents can help with certain tasks that border on legal one such as preparing a home purchase contract. However, in some states, only a lawyer is allowed to prepare home purchase documents and perform a title search. In the state of California, it is not required to hire a real estate attorney in order to buy a home, however, some mortgage companies may require the use of a real estate attorney, especially those who are well familiar with specific laws pertaining to the transaction.