Selling a house is a huge undertaking that involves a significant sum of money. At times, there are additional issues like foreclosure, moving jobs, a death in the family, or even a divorce. This only adds more pressure to an already stressful situation.
Should I Still Hire An Attorney To Sell My House?
Only a few states are legally required to have a real estate attorney when selling a house. However, in most states, this is not a requirement, and you can proceed with a private sale legally.
Naturally, if you live in a state where you must hire an attorney, then you must do so. But what happens if you don’t? Are you better off with one or without one? The best way to answer this question is by looking at what an attorney does for you during the sale.
One area where an attorney comes in handy is in preparing the sale contract.
This is primarily because if you use a realtor, the realtor would naturally ensure this is taken care of. You do not have this benefit with an FSBO “For Sale By Owner“.
One thing to note is that specific requirements must be met for a contract to be legally enforceable. An attorney would know what these are and would structure your agreement accordingly.
Protection from Liability
Your attorney could act on your behalf to ensure that all contents of the contract protect you from liability. This is important if the buyer raises issues regarding the house of the transaction after the fact. Aside from ensuring you are protected, your attorney would also be in a position to defend you should the sale end up in litigation.
There are Complications
At times, sellers run into unforeseen issues during the sale. For example, there might be legal claims against one’s property, easement needs, and even title problems. These would be issues that would require advice from an advocate.
You are Selling Joint Property
If you are going through a divorce or the house is a shared asset, you might need to bring an attorney on board to do your bidding.
This is even more so when you are selling property whose other owner is uncooperative in the sale. The same can be said of when the house you are selling belongs to a deceased person.
Do I Still Need a Lawyer to Sell My House Privately?
Unless you live in a state where it’s legally obligated to have one, or you are anticipating some issues with the sale, you do not need an attorney.
While attorneys can be useful in some situations, they also do not come cheap. If you are looking to sell your house privately to avoid realtor fees, then hiring an attorney will not do much when it comes to saving a buck.
Looking For a No-Attorney Sale?
If you are looking to sell a home in Florida, you will be happy to know that you will not need an attorney to execute the sale.
Follow this link and get a cash offer on your home today!