If you are planning to sell your house, you might be wondering whether you should hire a real estate lawyer to guide you through the process. While you are not legally obligated to hire a real estate attorney to sell your house in Texas, it might still be in your best interest. In this post, we will take a look at six reasons why you should consider hiring an experienced real estate attorney to help sell your house.
#1. Compliance with Laws and Regulations
One of the reasons why real estate transactions can be complicated is the sheer number of laws and regulations that must be followed. Even the most well-informed real estate agents might not be familiar with all the compliance requirements and will not be able to handle the legal issues that can arise during the sales process. This is one of the most important reasons why you may need dedicated real estate law services from an experienced real estate attorney to sell your house.
#2. For Sale by Owner
If you are planning to sell your house in a private real estate transaction without the assistance of a real estate agent, it is critically important to hire a lawyer. Most property owners who go the FSBO route use online templates to draft their agreements, but it can prove to be a costly mistake. If the template you use is outdated or contains errors, your interests might be compromised or you might inadvertently end up violating a law.
#3. Resolving Tenant Issues
If you have rented out your property, the tenant has the legal right to live there until the contract expires. Even if the tenant has violated the terms of the agreement, you cannot simply kick them out and sell your house to someone else. You need to evict them lawfully. This is where the assistance of a seasoned real estate lawyer can prove to be extremely valuable.
Your lawyer can review the rental agreement and determine the right course of action to be taken to evict the tenant in a lawful manner. They can make sure every step of the eviction process is done in compliance with the law, so that the tenant cannot take any legal action against you that can potentially delay or jeopardize the sale of your house.
#4. Title Issues
Anyone who has ever sold or bought a property know that title issues can be a potential deal breaker. Experienced Austin real estate lawyers can help residential real estate owners avoid these problems by inspecting your property’s title for defects prior to closing. In case there are any defects, your attorney can help you resolve or cure the defects, so that the sale can go through without any issues.
#5. Resolve Liens and Judgments
If there are any liens or judgments on your property, it can scare off potential buyers. A skilled attorney can negotiate with your creditors and other lien holders, resolve the issues, and make sure they do not hinder the sales process in any way.
#6. Negotiations with the Other Party
During residential real estate transactions, you and the buyer might disagree with each other on several issues like inspection, earnest deposit, closing date, and so many more. If and when it happens, your attorney can negotiate with the buyer’s attorney and help you come to a mutually beneficial agreement.
Looking to Sell Your House? Our Austin Residential Real Estate Attorneys Can Help You!
At Kelly Legal Group, we have a team of attorneys who have an in-depth understanding of residential real estate law as well as commercial real estate law. We have decades of combined experience in handling complex real estate litigation issues and can help you with buying and selling residential and commercial real estate properties, deed transfers, contract disputes, evictions, foreclosures, and a wide range of other real estate legal services.
As the seller, you need to remember that the buyer will most certainly be represented by an attorney. Based on this, in order to protect your rights and interests, you should be represented by a seasoned attorney as well. Our commercial and residential clients know they can trust the Kelly Legal Group to have their best interests at heart and to work diligently to achieve the desired outcome.