By: Edward McCarthy
President: Sell By Owner Listings, Inc.
A Real Estate Attorney in For Sale By Owner Transactions
Even though you are selling your home
without a real estate agent, the assistance of a real estate
professional is still needed at various steps in the home selling
process. The requirement of a real estate attorney depends on the laws
in your state. Even if you live in a state where a real estate attorney
is not needed, as a for sale by owner seller, it will still be
beneficial for you to use one.
A real estate attorney can serve many
purposes in the housing transaction. When you hire an attorney that
specialized in real estate, that attorney is responsible for seeing
that your best interests are met in the housing transaction. A real
estate attorney can act as the escrow agent by holding down payments,
documentation, and earnest money deposits. Not only that, the attorney
can help you decipher and evaluate complicated offers you might receive
from a buyer. In the event that the lender's attorney does not handle
the closing, your real estate attorney will host and handle the
closing. If the lender's attorney does handle the closing, then your
real attorney will represent you in the process.
Your primary concern should be to find a
real estate attorney that will provide you with assistance you need in
the housing transaction. You can use a local or Internet directory to
find the names of some attorneys in your area. Asking friends or family
who have recently sold homes for references is another way that you can
find an attorney to assist you. If there are neighbors with "for sale"
signs in their yards, you can casually inquire about the real estate
attorney they are using. Hiring an attorney that comes, as a reference
is often better than cold calling attorneys.
As you look for a real estate attorney to
hire, you should choose one that works primarily with real estate
transactions. Avoid choosing a criminal or family law attorney that
handles real estate transaction on the side. An attorney that does not
spend a significant part of his or her time in real estate transactions
will not best serve your interests. Certainly do not hire an attorney
that has never worked in real estate.
Along with experience in real estate
transactions, price will be the other factor you use to choose a real
estate attorney. The attorney you hire will have two major
responsibilities: reading and advising you on documents and
representing you at closing. Get a price quote from prospective real
estate attorneys on those two tasks. You can get a discount from the
attorney by letting him or her know that you will be preparing and
filling out some of the documentation. Shop around among several real
estate attorneys to get a feel for experience level and price charged.
The most important thing is that you have a
real estate professional available to assist you through the
transaction. Even if you have successfully sold a for sale by owner
home before, it is better to have legal assistance than to attempt to
complete the process on your own.
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