The state of Texas does not require its residents to use a real estate attorney for the purchase or sale of a home. Does that mean you don’t need a real estate lawyer? Well, technically, you can go without one, but there are many situations in which it’s in your best interest to work with a qualified attorney like those at Kelly Legal Group.
When to Use a Real Estate Attorney
Your home sale may start off smoothly and then go sideways. You never know when problems might arise, which is why it’s a good idea to work with a real estate lawyer from the get-go. That said, we understand that since it’s not required by law, many sellers are hesitant to spend the money. Here are reasons you’ll want to use an attorney to sell your house:
If There’s a Title Issue
This can come up on either side of a real estate transaction, but in the case of sellers, you may need a lawyer to clear up issues around the title because you have unpaid debt or are going through a divorce.
If Your House is For Sale By Owner
When you’re listing your home as FSBO, it’s critical that you have a real estate lawyer to assist you with drafting all documentation to protect your interests and to make sure your terms are fair to your buyer. Don’t be tempted to use online contract templates in lieu of a qualified real estate attorney.
If You’re Renting to Own
This is also referred to as a contract for deed sale. These scenarios leave you with a great deal of legal exposure, so if you’re certain you want to go this route, you’ll need an attorney to go over all of the paperwork to make sure there are no loopholes or loose-ends.
If You’re Selling for a Deceased or Incapacitated Owner
In these cases, you may need to loop in an estate planning lawyer who handles wills and trusts, as once the sale is complete, the proceeds will need to go through probate. At Kelly Legal Group, our team includes both real estate and estate planning attorneys.
What Real Estate Attorneys Do
The primary role of a real estate attorney is to pore over every line of all the paperwork you sign—and when you sell your home, there will be a lot of paperwork. Although realtors are adept at reading and understanding offers, a real estate attorney can examine the details and legalities, making sure there’s nothing to be concerned about.
Real estate attorneys draft necessary contracts, take care of title issues, and they can represent you at closing. If disputes come up during negotiations, your real estate lawyer can communicate on your behalf. When you’re buying land, a land lawyer can help you understand zoning and construction law as it applies to your purchase.
Schedule an Appointment
If you’re selling your home and you’d like to consult with an experienced real estate attorney, contact us at 512-505-0053. When you need help selling your home, We Get It Done.
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