real estate lawyer needed when no agent involved

If you have a fairly straightforward transaction and a real estate lawyer is not required in your state, you might be OK with just the real estate agent and title company helping you. The money you save could go toward the down payment and other necessities. It could become a battle.

Full Answer

Do I need a real estate attorney or a realtor?

For the most part, a real estate agent's help is not legally required, though agents can help you with tasks that border on legal ones, such as preparing a home purchase contract. In a few states, however, such as New York and Massachusetts, only a lawyer is allowed to prepare the home purchase documents, perform a title search, and/or close the deal.

Do you need an attorney to close a real estate transaction?

Mar 13, 2022 · Generally people hire an attorney if their real estate deal is anything outside a “vanilla transaction,” says Bryan Zuetel, a real estate attorney, broker, and agent in …

How to buy a house without a real estate agent?

If you have a fairly straightforward transaction and a real estate lawyer is not required in your state, you might be OK with just the real estate agent …

Do I need a lawyer when buying a home in California?

Aug 03, 2021 · Even if you’re buying a house without a realtor, do you still need to hire an attorney? Yes. You’re dealing with multiple legal contracts and processes when you buy a house, and taking this on without a lawyer can be risky. A lawyer’s services will generally cost far less than the commission collected by a buyer’s agent.

Why do I need a real estate attorney?

Reasons to hire a real estate attorney even if it’s optional 1 You’re an out-of-town buyer. 2 You’re buying a property that is a short sale or bank-owned. 3 You’re buying a property that is part of an estate sale. 4 You’re buying a commercial property. 5 You’re buying a property that could potentially have some structural issues. 6 You’re buying a property in a problematic area such as a flood zone or areas with adverse conditions (tornado-prone, radon, toxicity levels, etc.).

Why do you need an attorney when selling a house?

You’re the heir or executor of a property whose owner is now deceased. You’re selling a house with an uncooperative partner. You have judgments or liens on the property.

What is the education required for real estate agents?

As part of agents’ licensing education, they’re taught and tested on real estate contracts used within their state, many of which also require continuing education courses and/or certifications on subjects such as ethics, buyer’s agency, distressed property sales, and more.

What is a real estate lawyer?

A real estate lawyer is licensed to practice law and specializes in real estate transactions. A real estate lawyer is familiar with all aspects of the home purchase process and can represent buyers, sellers or lenders. In states where a lawyer is required to be present at closing, it’s possible that the lawyer is there solely to represent ...

What are some situations that are unusual and might require an attorney’s advice and negotiating skills?

Here are some situations that are unusual and might require an attorney’s advice and negotiating skills: You’re buying a home that is part of a special type of sale, such as an estate sale, short sale, auction or purchase from a bank. You’re purchasing a home that’s in another state.

What could affect the timeline for closing on a home?

Your timeline for closing on the property could be affected by the sale of your own home or issues largely outside of your control, such as unexpected lender delays. Inspection. A home inspection can uncover many problems, and a seller and buyer could end up negotiating on who will pay for repairs.

What is closing on a home?

Closing. The moment you’ve been waiting for— closing on a home sale or purchase —often involves dozens of pages of legal documents to review. A lawyer can help both the seller and buyer navigate the review, which can be especially intimidating and confusing to a first-time homebuyer.

Why is it important to have a lawyer in a negotiation?

This is important because when you’re in the middle of a potentially contentious negotiation that needs to be resolved quickly, you’ll want the lawyer to be available to advise you and negotiate with the other party.

What is the most important document in the home sale process?

It can help you avoid potential problems down the line by making the contingencies as favorable to you as possible. The contract is the most important document in the home sale process, and it includes several negotiable issues. Some of the most important issues in the purchase contract involve: Timing. Your timeline for closing on the property ...

Can a lawyer review a purchase contract?

Although real estate agents usually play a central role in preparing purchase contracts, a lawyer could provide a review of the purchase contract terms. What’s more, real estate agents are generally limited to filling out contract templates, rather than drafting them from scratch.

What happens if you don't have a real estate agent?

Many listing agents have contracts with their clients that have variable commissions; if the buyer doesn’t have an agent, the listing agent automatically gets the “leftover” commission that would normally go to the buyer’s agent. Even if you don’t use a real estate agent, ...

How to buy a house without a realtor?

How to Buy a House Without a Real Estate Agent. Start as you would with any home purchase — by searching for the right home that you can afford in the right neighborhood. There are plenty of online real estate resources. On Redfin, you’ll see all the homes for sale with listings updated every 15-30 minutes.

Do listing agents collect commission?

The listing agent may expect to collect the share of the commission that would normally go to your agent. Make sure your offer clearly spells out that you are offering less than the listing price with the expectation that the seller will not need to pay out the buyer’s agent’s share of the commission.

Do lawyers cost less than agents?

A lawyer’s services will generally cost far less than the commission collected by a buyer’s agent. (Also, remember that in some states, a real estate attorney is required even when you have an agent.)

Do you need a licensed agent to do appraisals?

True. Usually, a licensed agent is required to be present for inspections or appraisals , and usually, this is the buyer’s agent. You may be able to get the listing agent to agree to be there for these tasks, in the interest of closing the deal.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

Who is responsible for underwriting title insurance?

Title company: A representative of the title company is responsible for underwriting the title insurance and transferring the clean title of the home to the buyer.

Who hires an inspector to inspect a house?

Inspector: The inspector is hired by the buyer. Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What do real estate agents do?

Real estate agents have access to real estate property listings, so they know which homes are on the market and what features they have. Great real estate agents are very familiar with their local markets. They listen to what you need in a home and find properties within your budget.

What do you need to include in a house sale?

Items you want to be included in the sale, such as appliances or window dressings. The date you expect to close. The date you want to move into the home. A deadline to respond to your offer. Unless the home is for sale by owner, you’ll need to negotiate the house price and terms with the seller’s agent.

How to write an offer letter for a house?

After deciding how much to offer, you can write an official offer letter. Here’s what the letter should include: 1 The full address of the home 2 Your full legal name and the name (s) of anyone else buying the home with you 3 The amount you’re offering for the home 4 Any contingencies you’re requesting (i.e., conditions that need to be completed before the sale goes through – most common is a successful home inspection) 5 Any seller concessions you’re requesting, such as discount points or cash toward closing 6 A copy of your mortgage preapproval letter 7 Items you want to be included in the sale, such as appliances or window dressings 8 The date you expect to close 9 The date you want to move into the home 10 A deadline to respond to your offer

What to include in an online listing?

Online listings typically include either the owner’s or the agent’s phone number, or a list of upcoming open houses. If there are no open houses scheduled, contact the agent to request a tour. As you look around the home, take note of the property’s condition. Find out exactly what’s included in the sale.

When do you have to close on a loan?

When you reach an agreement with the seller, it’s time to close on the loan. As soon as the appraisal and underwriting are cleared, your lender will send you a Closing Disclosure.

Do you have to pay a fee to work with a real estate agent?

Most buyers don’t pay any fees to work with a real estate agent. This means that, if you choose to forgo an agent, you might not actually save any money at all. If you decide that working with an agent isn’t for you, make sure you write this into your offer.

Do you need an inspection for a mortgage?

Inspections aren’t usually required by your mortgage lender, but they can reveal hidden issues that the seller might not know about. A typical home inspection covers surface-level elements of the home, including its plumbing, structure, heating system and more.

What to do when selling a house without a real estate agent?

If you manage to get through all the steps of selling your home without the help of a real estate agent, make sure that when it comes to closing, you have legal representation. Closing is a legal affair and should be handled by either a closing attorney or a title agent.

What does it mean to have an agent on your house?

With an agent, your house will be put on the Multiple Listing Service (MLS). Plus, agents provide access to an extensive network. If you don’t have this advantage, you may need to put some thought and effort into how you make your property visible to potential buyers.

Why is it important to sell your home yourself?

It’s important to get yourself organized and be prepared to do a lot of hard work to get your home ready and complete all the steps necessary to close.

What to do if you don't live in your home?

If you don’t live somewhere where sticking a sign on your front lawn is likely to work, try advertising online, on social media, or hosting an open house. Be careful of your safety if you decide to let strangers into your home. It is important to lock away any valuables.

Why do homes for sale by owner fail to reach their goals?

According to real estate professionals, here are the top reasons that homes for sale by owner fail to reach their goals: The list price of the home was wrong from the start. Not making the home accessible when the buyer’s schedule dictates. The home was not appropriately prepared to sell.

Can you have a lawyer draft up a contract for a home purchase?

If you do not want to hire a lawyer to draft up your paperwork, as this can be pricey and may defeat the purpose of selling your own home to maximize profit, it may be possible to have the buyer’s agent draw up contracts such as the purchase agreement.

Do sellers agents work?

Seller’s agents do a lot of hard work to market and finalize a sale, so be prepared to put in some serious time if you plan on going it alone. Firstly, it might be more challenging to market your home than you think. With an agent, your house will be put on the Multiple Listing Service (MLS).

States That Require A Real Estate Attorney

Although you may not want a real estate attorney, you may be required to get one by law depending on where you live.

What Does A Real Estate Attorney Do?

For those of you who live in a state that does not require a real estate attorney to transact, you might still want one if you have little-to-no clue what you’re doing. It’s always nice to have a seasoned professional represent you in a major financial purchase.

Where A Real Estate Attorney Can Be Especially Helpful To Buyers

The property lines are unclear and there have been prior disputes with the neighbor

Where An Attorney Can Be Especially Helpful To Sellers

Selling a property is MUCH more stressful than buying a property. A buyer, with his financing and inspection contingencies, can always back out.

How Much Does A Real Estate Attorney Cost?

The cost of a real estate attorney depends on where you live. If you live in an expensive city like San Francisco or New York City, expect to pay $250/hour and up. If you live in a less expensive city like Austin or Charleston, expect to pay $150/hour and up.

Questions To Ask Before Hiring A Real Estate Attorney

The easiest way to find a good real estate attorney is to ask your real estate agent for a referral. Any experienced real estate agent should know at least a couple highly qualified real estate attorneys. If they don’t, I recommend finding another agent.

Wise Up And Know The Rules About Buying And Selling Property

Given I live in a state that does not require a real estate attorney and I plan to buy in a state that doesn’t require a real estate attorney either, I probably will not hire one in the future.

What to do if an escrow agent is suspicious?

If the agent is worried you're suspicious, he may offer to waive or reduce the fees. Escrow agencies want to maintain a solid reputation and do not want buyers and sellers complaining to others in the real estate world of junk fees. ...

What is closing a real estate transaction?

Real estate closings are a complex process that requires a large amount of preparation and skill. If, at any time, you feel unsure of what you are doing or feel like you are over your head, consult a real estate agent or attorney to help you.

What should be included in a closing agreement?

All you need to include are: The date of the agreement, the agreement's expiration date, and when the transaction will close. This should include rights of inspection and who pays for such, if any, costs. The price of the property and the means ( cash, check, etc.) that amount will be paid.

How many pages are there in a real estate closing?

Real estate closings can be complicated. There may be over 100 pages of paperwork. While you do not have to read everything, make sure things like interest rates, down payments, closing costs, and your rights are what you agreed upon during the closing process.

Do you have to renegotiate a home offer?

Renegotiate, if necessary. Depending on the results of your inspection and your closing conditions (unless spelled out in the paper work, property may be "as is"), you may need to renegotiate your offer. Certain issues, like bug and structural damage, may mean you'll want to pay more or less for the home.

Do you need supporting documentation for a property?

Check if any supporting documentation is needed. Laws regarding property tend to vary by state. Some states require supporting documentation. Usually, these documents inform city officials like a county treasurer of the price of the property or finalize the fact the property's been transferred to a new owner.

Do you need to inspect your home before closing?

Inspect the home. Once you're moving towards closing, you'll need to conduct a home inspection. You want to make sure no repairs or renovations are needed before closing the deal. Unless you have knowledge of home inspection and repair, you'll have to hire a third party to conduct the inspection.