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Should you hire a real estate attorney when buying/selling a house?

Should you hire a real estate attorney when buying/selling a house?

Except in states where it's mandated, an ordinary real estate transaction doesn't require an attorney's help. By now, real estate transactions are so standardized that most people in your state will use the exact same purchase contract, just filling in a few blanks.

However, legal issues may arise that your real estate agent can't answer. In that case, you'll need an attorney's help. Although good agents know a lot about the negotiating and contracting part of the process, they can't make judgments on legal questions.

For example, what if your prospective new home has an illegal in-law unit with an existing tenant whom you want to evict in order to rent the place to a friend? Only a lawyer can tell you with any certainty whether your plans are feasible. Or what if you’d like to rent the home for an extended period, such as a year, before you’re obligated to buy it? That will require drawing up an unusual lease. Or, if you're drafting any unusual language for the purchase contract, or are concerned about some language in your mortgage, you may want to have an attorney look the documents over.

Published: Aug. 20, 2019

About Author
Michael Forkan
Michael Forkan

Mr. Forkan was licensed to practice law in Illinois in 2005. In addition to his legal experience, he also has an extensive background in the real estate industry, having worked as a broker.

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