Expert: Jessica Bryan - 6/1/2009

Question
Hello Jessica,

        Have I got a questiong for you?!... I'm a first time home buyer and I would like to know what dangers(if any) are there in hiring a young lawyer with no real world experience to do a Closing. I'm purchasing a property and have the opportunity to also do business with a young lawyer(family biz).  However because of the HUGE amount of money involved I'm a little hesitant because my concerns are the conflicts of interest because that person is also related to my realtor(i.e. the buyer's realtor).I know that the realtor who's also a broker is experienced(or at least been at it for over 20 years) and am concerned that he may actually be calling the shots at closing rather than his son the lawyer. As a result I may not get the full protection that I'm entitled.  As much as I'd love to provide him this opportunity to get started if I'm not protected under the law (should something happen) I'm not gonna take that risk.
My question  is "what mistakes can a lawyer make that would directly impact my purchasing transaction?". Family or not I'm looking to protect myself first and foremost.

Please advise asap.

Thanks,
Ash

Answer
Dear Ash;
If you have concerns, then by all means hire a different lawyer!  Explain to your real estate agent that you feel uncomfortable using a family member and that you prefer choosing someone with more experience.  The agent should abide by your decision.  Even an experienced lawyer can make mistakes.  I have often found errors on closing statements and if the lawyer is not experienced he/she may miss something when doing title searches or looking at the survey.  Again, I have gotten to the closing table and discovered that there was an undisclosed easement that the attorney missed. Mistakes can and do happen all the time. But to minimize the potential for error,it is important to find an attorney with whom you have confidence and who will look after your best interest.

Best wishes,
Jessica Bryan