In a simple real estate transaction you likely don’t need an attorney representing you.
If your real estate agent is experienced, they will have relationships with quality inspectors, mortgage loan officers and brokers. A good agent should guide you through the whole transaction with ease.
However, there are some cases when you may need a real estate attorney:
If your state requires it
When your home sale or purchase is complex
If you are selling/buying a home without a real estate agent
Some states mandate a real estate attorney in home sales.
Basic rules involved in selling a home are similar across the country. But, it’s best to understand real estate laws and practices in your state when buying or selling a home. Eight states require both the buyer and seller to be represented by legal counsel at closing, according to The Legal Description. This means that by Supreme Court order, Bar opinion or legislation, an attorney has to supervise the real estate transaction. The level of supervision may vary state-by-state.
What are the current “attorney closing states”?
- Connecticut
- Delaware
- Georgia
- Massachusetts
- North Carolina
- Rhode Island
- South Carolina
- West Virginia
Real estate attorneys help with complex home sales.
If there are added complexities in your home selling or buying process, you may want to consider hiring a real estate attorney.
As a seller, here are some examples:
- If you are in the middle of a divorce
- If the sale is a short sale or foreclosure
- If you have an individual history of property liens
- If you have post-sale problems such as disputes, damages, or breaches of contract
As a buyer, here are some examples:
If there are any illegal dwellings on the property
If you will need to evict existing tenants
If the land is bank-owned
If the property is subject to bad weather events
If you have post-sale problems such as disputes, damages, or breaches of contract
If you don’t have a realtor, an attorney can protect your interests.
It’s tempting to try and avoid realtor fees. Maybe you are buying from or selling to a friend or family member. If you skip hiring a real estate agent, having a real estate attorney can protect your interests and mitigate risk. Real estates attorneys can assist with the following:
Draw up and review contracts
Title transfer
Represent your interests during closing
Having an attorney on your team will give you added peace of mind. A real estate attorney can negotiate on your behalf all the way through a home closing.
Working with a qualified attorney can be expensive! That’s where Evergreen has you covered. Evergreen Legal Plans start at $23/month. For your monthly fee, you gain access to local attorneys with the expertise you need.
Disclaimer: The information in this blog post is provided as general information only and should not be construed as legal or other professional advice. Evergreen Legal Protection is not a law firm. Never substitute information obtained from the internet or this blog for professional advice and guidance from a legal professional licensed in your jurisdiction.