Do I Need A Lawyer To Sell A House?

You finally found someone who wants to purchase your lovely home, but you are uncertain about all of the terms of the deal. You likely have a contract that is full of complicated legal phrases like “acceleration clause,” “chain of title” or “per diem,” but you will need to sign it swiftly if you want to sell your house.

Many people are hesitant to sign a complex contract that they don't fully understand, but in the world of real estate, time is of the essence.

Who is on Your Side?

If you are like majority of people, buying or selling a home is going to be one of the largest deals you make in your life; therefore, you don’t want to take unnecessary risks that  could leave you paying for a mistake for years to come. 

In the U.S. right now, about 89 percent of home buyers use a real estate agent to broker a purchase. 

A real estate agent is supposed to implement the following services: 

• Accurately pricing your home based on the local market 
• Providing a detailed comparison of common terms and conditions for similar properties 
• Promoting the property for sale 
• Negotiating the best price and terms 
• Monitoring the sale and helping to resolve issues, if necessary 

You should remember that a realtor is NOT supposed to give legal advice about the transaction. 

Additionally, most real estate agents in Illinois and Missouri use standardized legal forms because they are not authorized to write their own contracts or customize contracts. To avert being accused of practicing law, realtors are only supposed to fill in blanks on forms. 

This means that if your transaction is an out of the ordinary deal, then you should consider hiring a real estate attorney to customize your contract to fit the situation you are dealing with. 

How Sivia Law Can Help 

Having an attorney that is professionally obligated to serving your best interests can make a world of difference between acquiring (or selling) your dream home and a financial disaster. 

Listed below are some ways a lawyer can help you dodge expensive and time-consuming mistakes, title disputes and pre/ post-closing lawsuits:

• An attorney will thoroughly go-over the contract and disclosures to ensure that they properly reflect your needs and wants and that your interests are secured. A qualified real estate lawyer will rework the contract to grant you additional protections and change the deal to fit your needs. You want an experienced legal professional to make sure all of your paperwork is accurate, so you don’t have to deal with delays or misunderstandings down the road.

• A lawyer should review all of the legal details in the title of the property to make sure that there are no underlying problems in the fine print. This includes going over a title commitment and uncovering any liens or judgments on the title that could hinder the transfer of ownership or ruin the deal entirely. 

• A property law attorney can help you handle more complicated home sales. Because they are experienced about state property laws, they can give out sound advice about foreclosure sales, involuntary liens, or ownership disputes.

• Your real estate attorney can arrange your documents for closing, make sure that the title is clear and make sure you are only paying the title and closing costs requested in the contract. 

Interested in Working With Us? 

If you need any help regarding your business or other legal matters please reach out to us directly here and schedule a call with one of our paralegals on our scheduling page here.