Legal Question in Real Estate Law in Pennsylvania

Home purchase contracts

Do you need a lawyer in PA for a closing on purchase of new home?

In NJ there is a 3 day attorney review period for contract, during which time buyer or seller can change their mind. Is there such a stipulation in PA?


Asked on 2/06/02, 9:24 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: Home purchase contracts

PA law does not require that you have an attorney at closing. PA law also does not provide a 3-day attorney review period, such as is available in NJ.

In PA, probably the most important time to involve an attorney is before the contract or agreement of sale is signed. Once you have signed an agreement (as a buyer) and it has been accepted by the seller, that agreement governs your rights and obligations. In PA, your only opportunity to make sure the contract has some protections for you as buyer is if you have an attorney review the agreement and propose changes BEFORE you sign.

It is also advisable to consult an attorney between the time the contract is signed and closing, if any issues come up. And it is advisable to have an attorney at the closing to represent your interests. No one else at the closing has your interests only as their concern -- each other party at closing has their own interest in the transaction.

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Answered on 2/06/02, 1:45 pm
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Home purchase contracts

Attorney Jacobson is correct. The only 3 day period I know of in PA is on a refinance loan where you wait for recission to end, you may be getting these confused. Recission is not available on a purchase but it is on a home equity and refiance loan. Please confirm this is a purchase money contract.

Attorneys are not required to be at the closing but are helpful in allowing you to negotiate the terms in your favor especially on a purchase agreement where there is some flexiblity.

My office is in the western part of the state if you need any assistance.

Sincerely,

Brandon Barnett, Esq.

www.youresquire.net

412-916-1677

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Answered on 2/06/02, 8:13 pm


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