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Selling Your Home? 4 Situations Where You Definitely Need A Real Estate Attorney

29 December 2016

Deann Miles

While you always want an attorney to look over each and every real estate contract you enter into, you usually don't need one to negotiate for you unless you live in a state that requires you to do so. You can rely on your agent to negotiate the contract. With that said, there are special circumstances that your real estate agent will not be able to handle. What's more, your agent has a vested interest in you buying the property -- they want to get their commission check. You can't rely on them to give you unbiased legal advice or any legal advice at all. If you're selling your home and any of the following are true, you will definitely need to hire a real estate attorney.

Distressed Property

If you have concerns about the condition of the property or if you feel it is distressed, you should hire an attorney. While it's legal to sell a distressed property, certain things need to be disclosed or you can get sued after the sale. For example, the presence of asbestos or mold may hold legal implications for you if the buyer is not aware of it. Each state has different disclosure regulations, so it's a good idea to have an attorney make sure that you have everything covered in your contract. 

Inherited Property

If you are trying to sell a property that you inherited, you need a lawyer to tell you if you're legally able to sell the property. There may be provisions in your inheritance that forbids you to do so. For example, if you decide not to live on the premises, the inheritance may pass to one of your siblings as specified by your deceased parent. There may be a clause that requires you to pass the property down to your children and so forth. 

Unhappy Partner

If there is a co-owner to the property and they're not thrilled about selling, hire an attorney. Things get very tricky in these types of situations, and you want to make sure that you're not setting yourself up for a lawsuit. 

Unpaid Liens

Unpaid liens, taxes, and judgments may be attached to your property. If you sell the home, they buyer may have to settle them. If you have any of these things, you should hire a lawyer to make sure the debts do not become your buyer's problem. 

Most of the time, selling real estate is a pretty straightforward process that your agent can handle. However, if you have special circumstances, you always want to have a lawyer on your side to make sure you're protected. 

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