Real Estate Law: Discover Why an Agent May Not be Enough

 Posted on March 25,2016 in Property Taxes

Real estate law is complex, and a home sale is often intimidating. Some states require the use of an attorney, while others leave it up to the buyer and seller to decide. Your typical agent will tell you most transactions are straightforward and, if not required by law, there is no need. Is this true?

The simple fact is a real estate licensee, while they can help walk you through the sale process and fill-in the blanks of a pre-written sales agreement, is not a law expert. They have neither the ability nor right to give their clients legal advice. Unless they are also an attorney, the typical real estate agent cannot answer any legal questions, from contract law to zoning issues.

One of the greatest benefits of using an attorney, specializing in real estate law, is protecting you from financial loss. The sale agreements used by real estate agents are fill-in the blank, covering only the most common, generic issues. All real estate transactions are unique, and there is no guarantee that a generic contract will protect you. Don't you agree?

Legal representation becomes increasingly important the more complicated the transaction—foreclosures, short sales, estate sales. In these cases, it becomes essential to have a lawyer dealing with the specific issues that may arise. If there is a problem with a bank owned property, loan documents or inspections, an attorney can resolve those issues many times with little to no stress placed on you.

It is also recommended to involve an attorney at the planning phase of buying or selling a property. Why wait until an issue pops up, and your back is against the wall? Doesn't it make more sense to have an attorney you already have a relationship with, and you trust, involved from the beginning?

Contact us today! We can help make buying and selling a home less stressful, and protect your best interests.