Selecting an attorney
We strongly recommend a “country” attorney to represent you in all phases of purchasing country or rural property. The term “country” attorney, of course, is a misnomer, as lawyers who practice in country or rural areas are extremely sophisticated, usually very well trained in and competent to handle the many phases of general law practice. Real estate transactions normally represent a substantial part of their practice, and they are well acquainted with all the ramifications involved in buying country property.
Most local attorneys have been born and raised in rural areas. They are well known to their colleagues, banks, brokers and the general community. They are particularly well equipped to handle unique problems that may arise during the transaction, either personally, or by phone, right on the spot, thus saving a good deal of time and expense. In many instances, the attorney representing you will become a personal friend and guide you in your selection of contractors, well diggers, painters, plumbers, gardeners, etc.
The purchase of your country property is a major one, involving literally dozens of legal aspects. Under no circumstance obligate yourself in writing without first discussing all angles of your proposed purchase with the attorney you have selected!
Your real estate representative is licensed by the state in which he has the right to function. Certain states have passed strict legislation to protect your interests. However, some states do allow brokers to prepare certain legal documents. I caution you not to sign any form without first consulting your attorney, regardless of how simple it may appear on the surface.
There are many standard forms of “memo purchase agreement” or “binder agreement” that merely serve as a sign of good faith on your part when accompanied by a nominal deposit, often termed “earnest money.” The purpose of these instruments is to give the seller an indication of your definite interest, subject to an attorney’s review of same, preparing a formal contract, obtaining mortgage financing, title search and other conditions that have to be met and agreed upon by both parties. If you are absolutely certain that execution of this type of instrument does not legally obligate you, or subject you to the loss of your “earnest money,” then proceed accordingly, but be certain that these two factors are clearly stated.
The average purchase will involve the attorney’s making a title search, reviewing the contract to purchase and conveyances relating thereto, assisting with the mortgage application, and being present at the closing of the transaction. His responsibilities will vary, depending upon the problems involved, and the legal fees to be expected are of course in accordance with the amount of time and effort expended. Naturally, you will discuss in advance with him the approximate fee to be charged. This will eliminate any misunderstandings at the time of closing.
I am well aware that many of you have relied upon your own metropolitan attorney, who has been your long time counsel and friend, and you feel uncomfortable and reluctant; in selecting a stranger to represent you. If this be the case, discuss the entire matter with your legal counsel and request he select or recommend a local attorney in the area where your property is located.
Local attorneys are usually most cooperative and understanding. They will keep your city attorney informed of each phase of the transaction. Many metropolitan lawyers do not wish to become involved in direct representation in purchases of this type, because of the inconvenience of distance and their unfamiliarity with local problems.
You may also select your local attorney from a roster readily made available by banks in the area, local bar associations or real estate brokers. You may have a friend or relative in the area, happy to recommend someone who has represented them to their satisfaction.
You will find that it is rather important, for many reasons, that you become “involved” in as many aspects of local activities as possible, and become an integral part of the community, whether residing full or part-time in the area. It is for this reason that I recommend local counsel, as well as local people to furnish you with all possible goods and services you may require.