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Why Buying a Home in New Jersey is not a DIY Endeavor

There is a common misconception that anyone can buy a home with the right amount of cash.  However, the real estate market in New Jersey has become competitive to the point that there is no guarantee the highest offer will win the home.  If you were to submit a home bid on your own without the support of a New Jersey real estate attorney and realtor, you would likely be passed over in favor of another prospective buyer who has legal representation.  

The Role of Your New Jersey Real Estate Attorney

Your attorney protects your rights throughout the homebuying or home selling process.  You need an experienced northern New Jersey real estate attorney to review your real estate contract.  Your attorney will analyze the language of the contract to ensure it is fair.  If any changes need to be made or if the contract needs to be rewritten, your attorney will handle that work on your behalf.  

As an example, if the real estate contract does not contain language pertaining to the appliances within the home such as the washer, dryer, oven and dishwasher, such items must be noted in the contract.  Furthermore, language pertaining to repairs to be made by the current homeowner as a result of the home inspection must also be included.  In other words, the little bit of money you spend for legal representation during your home purchase or sale just might save you exponentially more.

buying a home

Your Real Estate Attorney Handles the Closing

You need a NJ real estate attorney to obtain the title, coordinate the title insurance with the lending institution, obtain the survey, review the survey and ensure there are no liens on the property.  Your attorney will present such documents at or near the closing date.  If you have any questions or concerns during the closing process, your real estate lawyer will be right there by your side to answer and address any problems that arise.

A Plain English Explanation of Your Real Estate Deal

Unless you have a law degree, you likely have several questions and concerns regarding your upcoming real estate contract.  Instead of wasting hour after hour reading through the language of the contract and studying real estate law in New Jersey, let your attorney do that work on your behalf.  Your NJ real estate lawyer will provide an easily understandable explanation of your real estate contract, clauses and legal responsibilities.  This professional’s guidance ensures you can move forward with the deal in full confidence.

Clearing the Title

The seller of the property in question is required to provide the buyer with clear title.  This means there cannot be any liens, border disputes, encroachments, code violations or third-party ownership claims on the property.  If any such claims, liens or other problems exist, your NJ real estate attorney will identify them on your behalf.  The language of your real estate contract will be written in a manner that ensures the buyer can cancel if the seller cannot provide the transfer of a clear title, setting the stage to recoup all relevant costs.

Reviewing the Financing Documents

Buyers are required to meet specific conditions in order to obtain a residential mortgage.  Certain documentation must be provided to the lender in order for the home financing to be improved.  Home mortgage lenders request verification of income, credit verification, personal information, the documentation of debts and more.  Your real estate attorney will help you understand each of the lender requests, setting the stage for you to satisfy all of the loan conditions in full compliance with the nuanced contractual deadlines.

Reviewing and Preparing the Deed

The deed is the written document signed and delivered by the property seller to the buyer.  The deed serves as evidence of the real estate transfer.  The language of the deed must be crystal clear so issues with the title do not arise down the line.  If your New Jersey real estate attorney is not experienced, there might be a deed issue that goes overlooked, preventing the timely and full property transfer.

The Intermediary for the Earnest Deposit

Earnest deposits are the funds put into escrow by the property purchaser at the start of the transaction.  This important deposit shows the buyer has made an offer in good faith to complete the home purchase.  This considerable sum of money constitutes a legitimate offer for the property, setting the stage for the transaction to be finalized in the weeks ahead.  New Jersey earnest deposit figures are typically in the range of 2.5% to 10%.  The seller’s attorney holds the earnest deposit funds until the contract is finalized.  The deposit funds are then applied to the overarching payment at the time of the closing.

Your Attorney Also Works With the Mortgage Provider

Plenty of home closings in New Jersey do not close until the week when the mortgage interest rate is set to expire.  It takes time to get all relevant parties on the same page, review the buyer’s income information and process paperwork.  Your attorney will collaborate with the lending institution to ensure you do not run out of time to close your real estate transaction on time and prior to the date when the mortgage interest rate expires.  This means the bank’s attorney will work closely with your attorney and his or her paralegal to prepare all necessary documents for the closing.

Schedule a No-Cost Consultation With Bavagnoli & Bavagnoli

If you are thinking about buying or selling a home or plan to do so, our real estate attorneys can help expedite the process, making it as smooth as possible.  We will review your real estate contract and represent your interest all the way through the closing.  Contact us today to learn more about our New Jersey real estate legal services and schedule a consultation.  You can reach us by phone at (973) 785-9522.  If you would like to contact us online, you can do so by filling out our web-based contact form.

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Robert J. Bavagnoli is a Passaic County attorney specializing in personal injury and real estate law. He founded Bavagnoli & Bavagnoli in 1995 where he practiced for many years alongside his brother, Ronald C. Bavagnoli (now deceased). For over 28 years, he has proudly served Northern New Jersey including Passaic County, Bergen County, and Essex County, among others, recovering millions in damages for his clients.

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Highest praise for the professionalism and ease of working with Robert Bavagnoli and his team! I used his services for the sale and closing of a home. He acted quickly, made the process easy and covered all the bases so I didn't have to be concerned about anything. This gentleman is a pleasure to do business with and who I want in an attorney!

- Lynda R.

Great firm for personal injury plaintiffs. The welfare of the client always comes first.

- Jonathan M.

Thorough, friendly, upbeat and very professional. They kept me informed of every decision they made.  They made me feel like I’m part of their family. I would highly recommend Robert Bavagnoli to anyone that needs the assistance.

- Earl C.

I was involved in an accident and didn't know what to do.  I decided to call Bavagnoli & Bavagnoli. They welcomed me to their firm. They were so polite and as I spoke with them and saw how friendly and polite they were it lifted me up and put my mind at ease. I wasn't scared anymore and it was an excellent experience from beginning to end.

- Tamika P.

For me the experience with Bavagnoli and Bavagnoli was wonderful!  My lawyer handled my case and it went excellent, even better than I imagined.

- Ms. Dela Cruz

The Bavagnoli & Bavagnoli Difference


  • Individualized attention
  • Clear and honest communication
  • Prompt answers to all calls
  • Your needs are our top priority
  • Respectful, compassionate treatment
  • Collaborative approach to each case
  • Over 27 years of experience
  • Millions recovered



Passaic County

  • Pompton Lakes
  • Little Falls
  • Clifton
  • Passaic
  • Paterson
  • West Paterson
  • Wayne
  • Woodland Park
  • Prospect Park
  • Preakness
  • Haledon
  • Woodland Park
  • Hawthorne

Bergen County

  • Fair Lawn
  • Rochelle Park
  • Maywood
  • Lodi
  • Garfield
  • Elmwood Park
  • East Rutherford
  • Wallington
  • Hackensack
  • Paramus

Essex County

  • Nutley
  • North Caldwell
  • Newark
  • City of Orange
  • Essex Fells
  • West Caldwell
  • Cedar Grove
  • Roseland
  • Belleville
  • Montclair
  • Glen Ridge
  • West Orange
  • Bloomfield

Bavagnoli & Bavagnoli Office

12 Furler St.
Suite 5,
Totowa, NJ 07512

Phone: (973) 785-9522


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