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Buying a piece of real estate is a serious legal and financial decision. Sometimes, having a real estate attorney help you through the process is helpful. In fact, in some states, it is required by law to have one assist with the process. If you don’t live in a state where it is required, do you need one? These questions will help you determine if you need an attorney as part of your real estate team.
Do You Have a Specific Legal Concern?
If you start down the path toward purchasing a house and run into a legal concern, then it is a good indication that you might need the help of an attorney. For example, perhaps you discover a tax lien against the home you wish to purchase or tenants that currently live in the property and wish to rent it from you temporarily after you purchase it. Your real estate agent can help you determine if your concern is a legal one and requires an attorney, but an agent is not able to make legal judgments. If you need help to make a legal decision, that is help only an attorney provides.
Do You Understand the Paperwork?
In a real estate transaction, there is quite a large amount of paperwork. From your initial offer submission to the closing paperwork, you will be signing legal documents many times. Those documents are legally binding so it is important to fully understand them. An attorney can help interpret those documents for you and explain exactly what you are signing.
Are You Purchasing a Short Sale or Foreclosure?
Short sale or foreclosure properties have significant legal issues that are not usually found in regular real estate transactions. If you’re considering one of these properties, then you may want to consult with an attorney to ensure the legal aspects of the transaction are in order before closing day.
Are You Shopping FSBO Properties?
If you are shopping for-sale-by-owner properties, your seller won’t have an agent helping them. Consider consulting with an attorney during the transaction will help keep the process running smoothly. Similarly, if you're considering selling your home without an agent, an attorney is an important professional to have on hand.
Are You Shopping Commercial?
Commercial properties have legal aspects not found in residential properties. If you’re shopping in the commercial market, make sure you talk to an attorney before signing any sales contracts.
In most home purchases, except those states where one is required by law, a real estate attorney is not necessary. If your purchase has extenuating circumstances or you find yourself with many questions, consider consulting one.
About the Author
Marsha Charles
Consistent top listing and selling agent receiving Chairman's Club award for superior sales achievement almost every year while associated with Preferred Properties, Inc. Consistently receive the International Presidents Premier award for sales volume since joining Coldwell Banker Realty and ranked in the top 1% of agents in Connecticut and Westchester County. In 2021 I received the International Society of Excellence award for sales volume in excess of $100,000,000. I have been named a Top Five Sales Agent for customer satisfaction since 2010 (longer than any other agent in Connecticut) and listed in Connecticut Magazine. Named one of the Top Agents in Connecticut by Real Trends since 2018.
I work with sellers and buyers and also have a strong understanding to needs of those who are relocating . Background and experience in advertising, public relations and photography offer creative and innovative marketing plans for sellers.
Realtor designations include: Graduate Real Estate Institute, Certified Residential Specialist, Certified Residential Marketing Specialist, and Pricing Strategy Advisor. Served as President of New Canaan Board of Realtors (two terms), Director (three terms) and currently serve on Professional Standards Committee. Named Realtor of the year by the New Canaan Board of Realtors in 1994and again in 2022.
Married and mother of other of four children who attended and graduated from the New Canaan School System, Member of New Canaan, Darien, Greenwich and Statewide MLS systems. Areas covered include New Canaan, Darien, Greenwich, Rowayton, Norwalk, Wilton and all of lower Fairfield County.
