With prices down and record low interest rates, many are making the commitment to become Napa Valley home owners. One question that comes up in the process is whether they should use an attorney in the purchasing process.

It is not common here in California to use an attorney for a standard home purchase. However, in the process of purchasing or selling real property, the buyer will be called upon to execute a written purchase contract, commonly called a real estate purchase contract and receipt for deposit. This is a legal document in which you are committing to actions and performance of duties for which you can be held personally liable and subject to damages if you are not in compliance.

Because you rely on the wording of the contract to state clearly and in exact terms the intentions of the parties, you may want to have an attorney review the contract to provide approval or needed changes. The legal cost to review a contract prior to signing may reduce the possibilities for a potential lawsuit that could cost much more in the future.

In California, your Realtor or licensed agent is permitted to fill in standard printed forms and prepare other agreements that are incidental to the real estate business under the scope of real estate license activities. Agents routinely produce purchase contracts for buyers and sellers along with the addition of limited addendums with little, if any, drafted language.

 If the contents of the agreement cannot be communicated within the standard forms available to the Realtor, the services of an attorney should be obtained. The buyer or seller should retain a real estate attorney in the following instances:

• When there are unusual additions to the contract or issues beyond a direct purchase or sale, such as an option to purchase, a vineyard lease, an exchange, owner financing or commercial property.

• When the buyer or seller is concerned that their real estate agent is beyond his or her own abilities, training or experience in the drafting of a contract or other agreement.

• When the sale includes multiple sellers or involves a divorce, trust, partnership or other unusual entity either on title or taking title. It is important that all parties have equal knowledge and the tax and other implications are thoroughly explored.

• When the purchase contract or other documents are custom drawn and not standard to the industry. The agent and attorney are not then familiar with the clauses and must review each one for its intent and difference from a standard agreement.

• When the sales contract has a large amount of language not already included in the printed portion of a standard purchase contract.

The dollars spent having an attorney review your contract before signing will be far less than what might be paid in the future if you are confronted with a lawsuit and need to defend a poorly constructed agreement.

The real estate agent and attorney should be viewed as your real estate team, working together to give you the highest level of service while completing a successful transaction.

Charles Bogue is a real estate broker in Napa. He can be reached at 486-5511 or e-mail: cbnapa@napanet.net.