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Should You Hire a Real Estate Attorney When Selling a Home

When you imagine the process of selling your residence, you probably get quite anxious and worried – and trust me, you’re not alone. After all, it is a place that you lived and invested in over a course of several years, which is why you’ll desire to ensure that everything goes according to the plan you have. One of the things that could ensure a successful transaction is hiring a real estate lawyer.

However, do you really require an attorney for selling your residence? Are there benefits of hiring one? Fortunately for all people that are looking for an answer to this question, the article below may shed some light on the entire topic. Let’s take a closer look at the factors why you may want to consider hiring a legal representative:

Some States Might Require it

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Before we take a look at some other factors why you may want to hire a solicitor when selling your residence, we must mention the fact that some states constitutionally expect you to have one during the entire selling process. States such as Alabama, Maine, New York, Kansas, New York, Virginia, and so on all require people to have a legal representative when selling their properties.

Besides these states, there are others as well that’ll require this from you, so, before you do anything else, ensure that you learn whether or not you’ll have to hire someone for the job. But, what happens if you don’t constitutionally need a solicitor, is it still wise to hire one? Simply said, you may want to, which leads us to our next points…

They’ll Know How to Draft The Agreement

If you have no idea how to outline a lease or how to negotiate all the terms it’ll have, then you need to hire a law firm such as Law Offices Geoffrey T. Einhorn, LLC. A real estate counselor won’t only draft the contract, but, they’ll also negotiate the terms, and more importantly, they’ll know how to review all the changes that have been made.

As you probably guessed, the contract is, in fact, the most significant part of the entire process, which is why you must ensure that it’s written properly, and according to everyone’s needs and desires. Obtaining a lawyer means that you won’t have to worry about this important aspect of the sale, especially since you’ll know that it’s done properly.

The Title Report Might Be an Issues

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If you think or find out that there are potential obstacles with the title statement, working with a trustworthy and experienced counselor may be your best decision. Hence, if you simply think that there are obstacles with the title of the estate, you must ensure that you speak to a knowledgeable counselor.

Your attorney will know how to search for the title, something that will show you all the data you require, and your legal representative will go over all the information and let you know about all the details revolving around the title including whether or not you need insurance.

If You’re in The Middle of a Divorce

Getting a divorce is, in most situations, mentally and economically difficult and tough, and it can get even more daunting if there is asset division too. So, if you’re in this situation, one of the first moves you’ll need to take is speaking to your attorney about selling the home, particularly if the residence is on both your and your partner’s names.

Your counselor will be capable of approaching the entire circumstances without being emotionally engaged in it, suggesting that they’ll be rational and unbiased when it comes to all the factors and conditions of the trade. Hence, if in this situation, call your lawyer’s office and schedule a consultation with them.

You May Need Help With The Acquisition

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Besides the lease, the agreement is, probably, the most crucial records in the entire process. It’s not uncommon that there are various issues with the agreement, and almost all of those issues have to be carefully and properly analyzed by an experienced person.

Some of the problems that you might come across include matters such as whether or not changes on the estate have been done in a legal manner or if the house or estate has dangerous substances such as asbestos. All of these must be carefully dealt with which is exactly where a real estate lawyer comes in.

If You Aren’t Selling With a Broker or an Agent

Now, a “for sale by the owner” agreement can easily save you a lot of money on all the commissions you’ll need to pay, however, you’ll still have someone that will draft the contract, agreement, deed, as well as other, important documents needed for properly and legally closing a deal.

If it is your first time selling any type of property or if you have no idea how to draft all of these documents, you’ll have to call an attorney right away. A knowledgeable and experienced lawyer will know exactly what they’ll have to do, and they will assist you with other things as well including negotiating the deal and transactions.

If You’re Worried About The Taxes

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When you’re selling an estate, you may be liable for different capital gain taxes if the property’s value increased over the last several years. Additionally, there are other taxes that you may be expected to pay, hence, if you don’t know what you may be subjected to, you’ll have to hire a legal representative.


Though it is quite plausible to sell your house by yourself, there are circumstances where it may be best to hire a real estate lawyer. Besides helping you draft and arrange the terms of the lease, they could help you with other, important things as well, including the guarantee that everything is okay with the title.

So, now that you’re aware of all the reasons why you may want to hire legal representation when selling your property, you might not want to lose any more time. Instead, you should open up a new search tab and start looking for an attorney that will help you sell your house without any hindrances and problems.

About Stefania Trtica