Legal Question in Real Estate Law in Pennsylvania

I am purchasing a piece of ground in a cash deal. I have done all of the deed searching and found no liens, back taxes, etc. Am I required to have a lawyer present at closing? Thank you.


Asked on 4/22/11, 9:12 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You are not required to, but unless you are experienced and aware of all of the indices you need to check to search title, your search was probably not comprehensive.

It's best to have title insurance and rely on the title insurance company search. Without such insurance, you risk paying cash to someone who may or may not actually own the property, and there may be liens and claims that you did not find that could deprive you of the property. The purpose of title insurance is for the insurance company to protect and insure that you have good title, and the title insurance company will defend you against claims by others.

Having a lawyer will also protect you by making sure that due diligence has been exercised in looking at risks other than recorded liens and claims, against which title insurance cannot protect. There may be requirements that a seller of real property has to meet, but if you do not know to ask for them, you may be liable for the seller's failure to meet those requirements.

Considering the investment that people make in real property, isn't it worth having a lawyer's guidance and representation to protect that investment?

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/23/11, 12:42 pm


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