It has become the normal course of business in Indiana in the buying and selling of Real Estate that attorneys are not involved, or are only tangentially involved in the process.
Mr. Russell is sensitive to these issues, and strives to serve his Indiana clients in such a way as to help them get to closing with as little fuss as possible. While your realtor or lender may praise the Indiana custom as keeping those “troublesome” attorneys from interfering with and bringing hostility into a transaction, or even just slowing things down, the custom has often led to the overlooking of important details, and ignoring the potential negative outcomes of negotiating disputes.
Indeed, one of the first documents a closing officer for an Indiana title company will have a party to a real estate transaction sign at the closing is an acknowledgment that they are not attorneys and are not giving legal advice. This technicality simply indicates how closely legal issues are intertwined in a real estate transaction. Folks who are buying and selling in Indiana and accept the concept that they don’t need an attorney run the risk of needing legal advice and not getting it, or think that their legal concepts are being covered by the title company, when the title company is under no obligation to cover them.
And what if the process goes horribly wrong? What if you need to make a decision to compromise something that could saddle you with a legal obligation you did not want or expect, or if you decide you want to cancel the deal, and then you are in breach of contract? How can you do that without an attorney’s advice?
We encourage all of our Indiana clients to consult with us when they are buying or selling Indiana property, and we will tailor our representation to meet their expectation and needs so as to respect Indiana custom regarding real estate transactions, but to also make sure the client is fully informed, comfortable, and advised on issues as they arise.