If you are working up to selling your home, there may be situations where a real estate attorney's help will be needed. Some home sales are simple and can be worked through with just your realtors, but others may involve details that only a lawyer can help with. Here are four times that hiring on a real estate attorney can help ensure that the sale of your home is above board.
1. If Your Property Has Existing Tenants
There are different laws when it comes to evicting tenants when selling a home, so it is important to have an expert in your corner that can review this. Making sure you handle the process of evicting tenants or letting potential buyers know that the property has existing tenants must be handled with care and done correctly. Make sure that your tenants will not have grounds to challenge your decisions about selling a home.
2. If Your Property Has Damages
If there are big problems with your property that you aren't willing to fix before selling, run these by a real estate lawyer to make sure you go about listing this properly. You will need to make sure that all damages, such as electrical issues, foundation trouble, or structural problems, are reported fully or confirm that a property can be sold "as-is" with no disclosures attached.
3. If You Co-Own a Home
If you own a home with a family member or ex-spouse, you might have different ideas on what to do with your co-owned property. Having a real estate attorney that can walk you both through the process can help make sure all decisions are in writing. This can ensure that one of you won't be able to take a different direction with a property and go against previously agreed upon plans.
4. If You are Selling as Executor
If you have recently had a loved one pass and you have assumed their existing property, it is a good idea to involve a lawyer in the selling process of a newly acquired home. There can be different laws and transfers involved in a home that you have recently acquired. Details surrounding if there was a trust in place will determine if the home sale will need to go through probate to confirm the home is indeed yours to sell.
Make sure that you protect your assets and that you cover all of your bases when selling your home. If you have a unique situation that might you might need advice on, it is a good idea to seek out the guidance of a real estate attorney. Your realtor knows how to sell homes, but an attorney will know local laws and property nuances when it comes to tricky home sales.Share