Ideally, buyers and sellers in a real estate deal should be represented by lawyers to safeguard their rights and watch their interests. While lawyers can help if you face discrimination when buying a home, there are also less expensive options. Most individuals can negotiate face-to-face with another party.
Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special legal issues and problems not present in other transactions. A real estate lawyer is trained to handle these problems and has the most experience to deal with them.
Do You Really Need a Real Estate Attorney to Buy or Sell a House? Answers Ahead If you’re buying or selling real estate, you may have heard you should hire a real estate attorney.
A real estate lawyer is trained to handle these problems and has the most experience to deal with them. In the typical home purchase, the seller enters into a contract with a real estate agent, usually in writing. When the broker finds a potential buyer, they conduct the negotiations and most often act as an intermediary (the go-between).
Once hired, an attorney represents that client throughout the transaction – in addition to overseeing the transaction to completion, they look out for their clients’ best interest and advocate for their client.
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.
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.).
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.
Hiring a real estate lawyer can help buyers and sellers to avoid unforeseen complications, as they have an in-depth understanding of the law. This can ensure that the deal is closed smoothly.
Ideally, the lawyer should represent only one party. The property buyer and the seller should have their own separate lawyers.
Although one will have to pay the additional charges towards the lawyer’s fees, it will ensure that there are no complications in the deal, which can cost significant expenses and stress, later on.