The home buying process can be intimidating and stressful. This is particularly true for first time buyers who are puzzled by this process. Even more confusing is the role of the lawyer. Lawyers are there to provide a service for which they in turn receive a fee. This sounds very simple; however, many potential buyers have a difficult time understanding what the lawyer actually does. The reason for this is that almost all of a lawyer’s work is completed behind the scenes. That is to say, the client does not actually see the preparation and completion of documents the lawyer works on. This is unlike many other services for which a fee is paid. For example, a homeowner can watch someone paint their home and see the before and after, but with a lawyer, this is not the case. Much of a lawyer’s work is carried out when the client is not there. This may be why many people do not understand their lawyer’s fee structure. This column discusses the role of the lawyer in the real estate transaction.

After the purchaser signs the Agreement of Purchase and Sale, they need to retain a lawyer to close the transaction. Sometimes, the real estate agent provides the names of some lawyers they recommend. Once retained, a lawyer will open a file and proceed with the preparation of necessary documents. The lawyer or someone from his or her firm typically contacts the purchaser to confirm that they are acting on their behalf and to obtain various pieces of information necessary to proceed with the transaction. There is no need for the purchaser to meet with the lawyer at this time. Prior to closing, most lawyers send a confirmation letter explaining the process the purchaser will undergo.

At this point, the lawyer begins to complete the work required for the closing. It is during this time that most of the “behind the scenes” work is completed. The lawyer conducts a title search, which involves reviewing the public title record. “Title” refers to the right of ownership in real estate. By completing a title search, the lawyer ensures his or her client will become the legal owner of the property, free and clear of any liens, mortgages or other matters that could jeopardize ownership. The lawyer completes the title search by accessing government records, many of which are available electronically or are stored at the local Land Registry office.

In addition to a title search, the lawyer conducts various other searches to ensure that the property is zoned correctly, that there are no work orders against the property and that the vendor has paid realty taxes. Many of these searches are expensive; however, there may be significant cost savings if your lawyer obtains a title insurance policy on your behalf.

The lawyer then prepares all of the closing documents, accounts for the various monies being spent and ensures that their client is obtaining what they are entitled to as per the Agreement. The lawyer is there to coordinate the closing and to ensure that the client receives the keys for their home. After closing, the lawyer sends the client a detailed report including copies of all relevant documents such as the deed (which is essentially evidence of ownership) and the mortgage.

Essentially, a lawyer works with their client to ensure a smooth closing and to protect their client in relation to the purchase and sale at hand. Purchasers can help their lawyer ensure this process runs smoothly by following their lawyer’s recommendations and communicating any concerns to their lawyer at the earliest time possible.