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Do I Need a Real Estate Attorney?

Published by julia | Filed under Buyer / Seller Tips, Miscellaneous, Real Estate, Shout Outs

The real estate attorney specializes in real estate law. This includes, but is not limited to, the purchase of homes and land and the sales of homes and land. When it comes to real estate transactions, especially those that are purchased directly from the owner of the home, it is important to have a real estate attorney working your side of the sale if a real estate agent will not be involved.

While most people believe the sole purpose of an attorney is to work the courtroom, the fact is, there are many functions of a real estate attorney that have nothing to do with a court of law or breaking of the law. The real estate attorney is there to make sure all sales contracts and buying contracts are legitimate. No matter which side of the sale you are on, the real estate attorney can work between you and the other party to make sure all deals are entered into legally and no one gets shortcut along the way.

No Money For a Real Estate Attorney?

If the home buyer or home seller does not have the money for a real estate attorney, the real estate agent may be able to help with the legalities surrounding the real estate transactions needed to complete a home purchase or home sale. However, it is important to note that not all real estate transactions can be written by the real estate agent.

The Legal Side of Things

If there is a problem with a real estate transaction, even if the real estate attorney was not a part of the transaction, they can be hired to handle the matter in a court of law. This could include improper real estate transactions and sales under false pretenses.

It is important for both the home buyer and the home owner to establish a legal relationship in addition to the sales relationship. The real estate sale is a legal agreement between two people with several forms being required by the old lender and the new lender in addition to the paperwork required at a state and federal level. With such a huge list of paperwork, many home buyers and home owners will find they need help from either a real estate agent or a real estate attorney before the end of the transaction just to get all things in legal working order.

August 15th, 2009

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Kelly