What is Attorney Approval?
Attorney approval is one of several contingency’s contained in the standard purchase and sale contract used in the Capital Region of New York Stat. It serves as a protection to both the purchaser and seller in a real estate transaction.
The attorney approval contingency states, that, a licensed attorney may review the purchaser and sale contract as to all matters, together with attached addendums, for a stated period, a minimum of three business days. Further, the attorney representing either the purchaser, seller or both attorney's, may approve, disapprove or amend the purchase and sale contract without limitation.
The attorney may approve the contract outright as written. The real estate attorney may reject the contract outright, and not specify a reason for the disapproval. Typically, a competent real estate attorney will author a conditional letter of approval which either clarifies or improves the existing language of the purchaser contract. The real estate attorney may add contingencies to the purchase and sale contract, together with additional terms and conditions.
I have represented buyers and sellers of real estate who have asked “Should I use an attorney?” Of course, the short answer is “yes”. (See blog “Should I Use an Attorney?”).
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