Do you need to sell your home? If so, you’ll need a real estate lawyer, otherwise known as a land lawyer, to help you along the way. Each individual situation is different and may require more or less legal involvement than other cases. Are you wondering why you need a lawyer to sell a home? Here’s why.
The sale of property is subject to real estate law and must be conducted and documented properly in order to be legal. Your real estate agent will likely be knowledgeable about these things, but not to the extent of a well-educated lawyer. Here are some examples of the roles real estate lawyer plays in the sale of property.
Preparation and Review of Documents
The lawyer’s biggest role in the sale of a home is to prepare and review all documentation that is used along the way, including:
- Terms of sale
- Listing agreement
- Deed
- Settlement statement
- Certificate of satisfaction
- Closing documents
- Mortgage documents
- Any other required documents
If you don’t immediately know what the above forms are for and how to draft them, you’ll need a lawyer. These are just a few of the many documents that may be required to sell your home.
Provide Advice Throughout the Selling Process
At many points in the process of selling a home or property you may have questions that need to be answered by a knowledgeable attorney. Complications can arise at various points in the process from title issues to inspection results. Negotiations between you and the buyer could require legal advice in order to achieve the most favorable outcome or prevent the deal from falling through.
Don’t count on your real estate agent to handle the intricate details that only an attorney is qualified to handle.
Assistance with Selling Property for Someone who is Deceased
Are you in charge of the sale of property through the will or trust of a deceased family member? Wills and trusts make selling a home a bit more complicated, in which case an estate planning lawyer will be necessary.
- Wills. If the property was left to you in a will, it will need to go through probate. Probate is the process by which an executor or administrator of the will is appointed and carries out the distribution of property and assets to the rightful recipients according to the will documents. A probate attorney is needed to ensure that all of this is done legally.
- Trusts. If the property is part of a trust it is necessary to have an estate planning attorney interpret the wording in the trust documents to ensure that the trustee handles the sale or distribution of the property according to the terms. Trusts can have very specific conditions, which is why a person establishes one in the first place. They wanted to be sure that their assets were handled a certain way after their death.
An estate planning lawyer can also protect your rights as one of multiple trustees or beneficiaries to ensure you get your rightful share of the assets. Estate settlement can be complicated and not always civil. Having an attorney involved can help.
A Land Lawyer can help with a Home that’s in Foreclosure
The sale of a home or property that is in foreclosure can be complicated as well. A land lawyer can help with the sale of a foreclosure property. A short sale is one option, in which you’ll need a lawyer to help you prove that you have been unable to make payments due to financial hardship.
In situations of financial hardship it is common to find that a lien has been put on the title for the property. If you owe money to a creditor, they will sometimes put a lien on your property that prevents it from being available to sell. A lawyer can help you negotiate with creditors and remove any liens on your property so that it can be sold.
Selling a Home that is Involved in a Divorce Settlement Requires a Lawyer
If you co-signed the mortgage for your home with an ex, selling it can be more difficult. If the other party does not wish to sell, you’ll need legal representation to protect your rights and help you negotiate. Sometimes a real estate attorney is needed in addition to your divorce attorney for matters regarding property ownership.
Selling a Rental Home that Currently Houses Tenants
When you want to sell a rental property, a lawyer can help ensure that you follow all of the necessary laws regarding your tenants’ rights. You are within your rights to sell, but you must adhere to the terms of the lease between you and the tenant first and foremost.
Sell your Home with the Help of the Kelly Legal Group
If you’re in need of a real estate lawyer to sell a home or property, call Kelly Legal Group today at (512) 505-0053 or request an appointment. Our attorneys are ready to help with all types of real estate sales, no matter how complicated. Contact us today to make the legal aspects of selling property as stress-free as possible.
