when selling land should a lawyer be used or just a legal aide

Do You Need a Lawyer to Sell Land and Property? From a legal perspective, you do not need to hire a real estate attorney when you purchase or sell land or property. In fact, you do not even have to involve a real estate agent as you can draw up a legal agreement directly with the other party involved in the transaction.

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Do you need a lawyer to sell land and property?

From a legal perspective, you do not need to hire a real estate attorney when you purchase or sell land or property. In fact, you do not even have to involve a real estate agent as you can draw up a legal agreement directly with the other party involved in the transaction.

Why should you hire a lawyer when selling your home?

Feb 28, 2014 · Why You Should Contact an Attorney Before Selling Your Property February 28, 2014 Land and Mineral Rights Selling a house can be a tricky scenario. You, as a seller, need to have all the information beforehand, including that of the legal parameters of the situation. Real estate attorneys help with a lot of the gritty details of the dealings.

Can I Sell my Land to the government?

Jun 25, 2011 · 1 attorney answer. Of course you don't NEED a lawyer to do anything. You can always do anything on your own....even brain surgery. Here is what you need to sell: The ability to understand what is being sold and what disclosure obligations you have. The ability to set the correct price (only a real estate broker can legally advise on this issue).

Can I Sell my Land to the adjacent property owner?

Mar 16, 2021 · At the time of selling your property, you will come across numerous technical problems. In all such instances, your property lawyer will be there to deliver the help and support that you wish to receive. Hence, you will be able to rely on the real estate lawyer and proceed to get the transaction completed.

Hire a Realtor

To start the process, you need to select a realtor to list your property. You will want to make sure that your realtor is licensed in the state and ensure that you sign a representation agreement that decides the realtor’s commission and the duration in which you want your house to be sold.

What can the attorney do?

The real estate attorney can work wonders for you. The contracts of selling the house need to be carefully examined, as they can be used against the seller in case of a liability. As a seller you want someone who can help you address any title issues that might come up during the selling process.

Why Hire an Attorney?

A real estate attorney will protect your rights and interests in the transaction. They have experience in issues of real estate transactions and can handle unique issues that might come up during the sale process. They are the best people to handle a crisis situation, so it is important you hire or consult them before starting the sale.

How to Hire an Attorney?

Most people tend to hire attorneys they know or have heard about, which is quite a safe practice. This should be done only if the attorney you know has experience and knowledge of the gritty details of the real-estate field, especially the laws specific to your area.

1 attorney answer

Of course you don't NEED a lawyer to do anything. You can always do anything on your own....even brain surgery. Here is what you need to sell: The ability to understand what is being sold and what disclosure obligations you have. The ability to set the correct price (only a real estate broker can legally advise on this issue).

James S. Tupitza

Of course you don't NEED a lawyer to do anything. You can always do anything on your own....even brain surgery. Here is what you need to sell: The ability to understand what is being sold and what disclosure obligations you have. The ability to set the correct price (only a real estate broker can legally advise on this issue).

What happens if a buyer doesn't have a lawyer?

If your buyer doesn’t have a property lawyer, you will be able to get your property lawyer to clarify the doubts and concerns that he will come across as well.

What to do after selling a house?

You can get a clear picture about taxes. After you sell a house, you might have to deal with taxes. It is important to have a clear picture about these taxes in your mind. The property lawyer will be able to help you in here. In fact, the property lawyer will provide you with a clear picture on how taxes are applicable to your transaction ...

Do you hire one lawyer for the same transaction?

A common thing that people do is hire one lawyer for the same transaction. So, both sides share the expenses and it comes as a win-win situation for everyone. But, we advise you to do this only if you trust the other side, or the borrower a lot. Advertisement.

Can a property lawyer help you with a property transaction?

Since you have a property lawyer by your side to help you with the transaction, you can get your questions and doubts cleared immediately. Hence, you can proceed to complete the transaction without keeping any doubts in mind.

When do you have an expert?

You have an expert when your instincts ask you to talk to a lawyer. During the transaction, you will come across numerous nonstandard or unusual things about it. In such a situation, your instincts will encourage you to go ahead with professional support. This is where you can talk to the property lawyer.

Is it mandatory to hire a property lawyer?

When you take a look at the state law that exists in some of the states, you will figure out that it is mandatory to seek the assistance of a property lawyer. Hence, you will not have any other option available to consider than hiring a property lawyer to proceed with completing your transaction. Even if hiring a property lawyer is optional, it is ...

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.

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What does a real estate lawyer do?

What does a real-estate lawyer do for a seller? In most real-estate sales, the lawyer representing the seller has an easier job than the individual representing the buyer. The tasks of the seller’s lawyer can be divided into two stages—before the contract is signed and after. Before a contract is in place, many sellers rely on their lawyer ...

What is a mechanic's lien waiver?

Where the seller’s property has improvements (residence, structures), the seller’s lawyer will typically get the seller to sign a mechanic’s lien waiver, which states that either no one who has done work on the property for a certain period of time prior to closing remains unpaid or that the seller promises to pay any such bill prior to closing.

What do sellers rely on their lawyer for?

Before a contract is in place, many sellers rely on their lawyer for help in drafting the terms of their sale and reviewing a listing agreement, if one is involved. The attorney may offer advice on many issues, such as whether or not to divide the property, impose a development-limiting covenant, keep a right of first refusal on a future sale, ...

Should a seller review the contract language?

The seller should review contract language with his lawyer before authorizing his agent to use the agent’s standard contract and its boilerplate with interested buyers. Most lawyers have worked up their own “standard” real-estate contract over the years, and this may be the document a seller prefers to use. The agent’s contract may be fine “as is,” ...

Should a seller consult a lawyer?

The seller should consult his lawyer as offers come in and counter-offers are made. Certain proposals will have adverse or beneficial tax implications, which an experienced real-estate lawyer will be able to flag for his seller. The second stage of legal work for a seller begins once a signed contract is in hand.

Who drafts the deed of a house?

The seller’s lawyer takes the lead in resolving the problem. Once the buyer’s lawyer gives a green light on the title, the seller’s lawyer drafts the deed that conveys the property to the buyer. This is usually a simple job of reusing the language from the deed into the seller and updating it with whatever changes might be required.

Who represents the seller during closing?

The seller’s lawyer represents the seller during closing. Sellers should look for a lawyer who has negotiating and problem-solving skills. Many of these tasks are routine, but the seller’s lawyer is needed when a problem has to be solved quickly to save the deal.

Why is it so hard to sell vacant land?

It can be challenging to market vacant residential lots and land because there is no move-in-ready home. Homes are visual, convey a sense of place and evoke emotional responses from buyers. But there is no house for an Open House when selling lots and land.

When selling a house, should you clean up your lot?

When selling a home you would never leave out your dirty laundry for potential buyers to see, and you should also clean up your lot before it is shown and marketed. Cut the grass (or weeds), remove trash and take marketing photos of your property when it is looking its best.

When selling a home, do you know your target market?

When selling a home you know your target market typically is a home buyer in a certain price range. But when selling vacant land you must evaluate who your likely buyers will be among many other factors.

Is selling a house in a changing real estate market challenging?

Selling a house in a changing real estate market can be challenging. Selling dirt can be even more challenging…in any market. It’s important to equip yourself with the right information on how to sell lots and land and why your strategy with vacant residential land needs to be different from selling a home.

Is there a fewer number of buyers for vacant land than consumers looking for homes?

Start marketing a new home listing and a new lot listing when both are desirable and priced well, and you generally can expect fewer contacts about the new lot listing.

Is MLS a marketing tool?

But keep in mind that MLS is focused on marketing existing built homes, and should not be the only online marketing tool used for your lot or land listings .

Can you hold an open house for a home?

You can hold an Open House for a home and walk a buyer through each room to help make the sale. Buyers can easily visualize themselves in – and fall in love with – the built home. It’s just not the same for vacant residential lots and land.

What is a purchase agreement?

The purchase agreement is the single most important document in the transaction. Although standard printed forms are useful, a lawyer is helpful in explaining the forms and making changes and additions to reflect the home buyer's and the seller's desires. There are many issues that may need to be addressed in the purchase agreement, such as: 1 If the property has changed or if there has been an addition to the property, was it done lawfully? 2 If the buyer has plans to change the property, can that be done lawfully? 3 What happens if a buyer has a home inspector inspect the property and termites, asbestos, radon, or lead-based paint is found? 4 What if the property is found to contain hazardous waste? 5 What are the legal outcomes if the closing does not take place, and what happens to the down payment? 6 Will the down payment be held in escrow by a lawyer according to the escrow instructions? How is the payment to be made? Is the closing conditioned upon the buyer obtaining financing?

What is a title search?

Title Search. After the purchase agreement is signed, it is necessary to establish the state of the seller's title to the property to satisfy the buyer and the financial institution. Generally, a title search is ordered from an abstract or title insurance company. In some states, title insurance is not typical.

How to avoid problems with a home purchase?

Avoid Vague or Unclear Terms. A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations.

What to do if a lawyer is not needed during the negotiation process?

Even if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction. The tax consequences may be of critical importance to a home seller.

What is the purpose of an attorney when signing a deed?

Once the deed and other closing documents are signed, an attorney can make sure that these documents are appropriately executed and explained to everyone.

What can an attorney do to help with title insurance?

Assuming you are in an area where title insurance is customary, an attorney can help review the title search and explain the title exceptions as to what is not insured. They will also determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners.

What happens if you are the only person in the US without a lawyer?

If you are the only person there without a lawyer, your rights may be at risk.

Why is succession important in business?

Because of this, business succession is frequently used to address future business sales. Although the sale of a business can result from long-term planning, it is more common that the sale of a business results after unforeseen consequences. The most common example of this would be a loss of profit.

What is a business purchase agreement?

A business purchase agreement may also be known as a sale of business contract, or a business transfer agreement. It is utilized to transfer business ownership from the seller to the buyer. A business purchase agreement most commonly includes the following information:

What should a business succession plan include?

A business succession plan should include: Approximate dates or time frames when succession will begin;

What is business succession?

A strategic plan for the business after the succession has taken place , including any new revisions to current policies and management structures. Business owners should view business succession as an entire process, rather than a single isolated event or document.

What are the legal issues in selling a business?

Some examples of such issues include, but may not be limited to: Creation and negotiation of sales contracts. The most common legal issues in a business sale are those involving the division of property and handling of debts.

What does an agent do for a business?

An agent will assist in advertising that your business is for sale, which can in turn bring in more offers. Additionally, an agent can advise selling owners of whether specific offers are worth considering. Purchasing an existing business has numerous benefits, for both the purchaser and the seller.

Why do people sell their businesses?

There are several reasons to do so, but the most common reasons for selling a business include: It would be a better investment to sell the business. When a business owner decides to sell their existing business, they will need to be ready to commit some time to organizing all of their financial documents .

What to do if you decide to sell your land?

However, if you decide to sell the land yourself and negotiate with the buyer or buyer's real estate agent, you'll need to use some negotiation tactics to get the best possible price for your home. Some strategies to try include: Not accepting the first offer and coming back with a higher price.

What is a real estate agent?

A real estate agent, also known as a Realtor, works for you to help you get the most money from your property as possible. They will market the property for you, negotiate with the buyer, take care of the necessary documentation for selling the property, and advocate for you throughout the sale process.

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Can you sell your land to the government?

In some countries and states, you might be able to sell your land to the government. This may be a good option if you have a large plot of land in in a remote location. Your government may be interested in buying the land for its natural resources, to preserve the land, or for other uses.

Can I sell my house without a realtor?

Keep in mind that while you may save some money on the sale by not hiring a Realtor, selling a property is a full-time job and it can be mentally and emotionally taxing to do without a Realtor. Real estate agents usually get a percentage of the sale price of the property, such as 5%.

Can you bundle land with other parcels?

You can also bundle your land with other parcels and decide if you'll offer owner financing, which will allow you to price the land higher than if you don't. Then, market your land for sale with the help of a real estate agent or on your own.

Is selling land difficult?

Learn more... Selling land can be difficult compared with selling a home, but some pieces of land can be quite desirable depending on their zoning and resources. Price your land using comparable properties.