There are all kinds of legal issues in real estate. There are also two sides to this same coin too. Whether you are a buyer, a seller, or a real estate agency, you absolutely should involve a real estate lawyer. Here are some reasons why, as well as some of the more commonly provided services.
As a real estate agent or as a buyer, you want the assurance that the property you are selling/buying is legally for sale. There are many different ways to swindle homeowners out of their property, under false pretenses, and then sell it to unsuspecting real estate agencies and home buyers. When you involve a real estate attorney in the sale, he or she makes sure that the property is legitimately for sale and that the current owner expects to sell it. Otherwise you could get entangled in a nasty lawsuit and end up without a home to sell or buy!
The Return of Property
The opposite side of this coin is the current owner of a home suing for the return of illegally seized and sold property. When disputes to ownership of a property lead to a lawsuit, you have to have a real estate lawyer on your side fighting for the return of your home and land. This often happens when a sale was not legal, when a home was put up for a jail bond and seized too soon, or when someone tricked you into signing a quit deed claim. While all of these circumstances are very difficult to reverse, you cannot attempt to do it alone in a court of law.
Witnessing the Transfer of Deed
Property deeds need to be witnessed and transferred from one owner to the next. Your real estate agent is not a legally sufficient witness to do this, unless he or she is also a real estate lawyer. The lawyer is present to witness the transfer, and then sign, seal, and file the deed with the county. Because all lawyers are also notaries, the documents are official and binding. Once signed, stamped, and filed, the purchase of the home and property is officially complete.
Representation of Party Interests
Real estate lawyers who appear as witnesses at the sale of a property do not represent you. They represent the real estate agency or the seller. If you bring a real estate lawsuit against a seller or agency, you have to hire your own real estate lawyer for that. It is in your best interests to have your own lawyer present at the transfer of deed signing, but it is not mandatory.
Talk with a law office like Barrett Twomey Broom Hughes & Hoke LLP for more information.Share
28 July 2017