While selling a house can be a complex undertaking, the process can usually be handled by any well-trained and licensed real estate agent. However, when the sale of your home includes matters that go beyond those found in the average selling process, you may need to hire an attorney, to ensure that it complies with the law. As you get ready to sell your home, you may need to retain a real estate lawyer for these three important reasons.
If the home you are selling is distressed or in a state of disrepair, you may be required by law to disclose its condition to potential buyers. A real estate lawyer can help you comply with local, state, and federal laws that pertain to distressed properties. This information can be included in the written contract that you utilize to finalize the sale with the buyer.
You also may want to retain a lawyer if you are selling a home that you inherited as an heir or an executor of a will. Probate laws vary from state to state, making it difficult to know what they entail particularly if you do not live in the state in which the house is located. You need a lawyer to help you navigate the probate laws and also ensure that the funds of the sale are dispersed according to the execution of the deceased owner's will.
Finally, you should hire a real estate lawyer if you have liens or judgments awarded against you and you still want to sell your home. A lien or judgment essentially allows a creditor to claim money that you receive from the sale of property or the liquidation of assets.
You may be compelled by the civil laws in your state to allot some or potentially all of the proceeds of the home sale to the parties who were awarded judgments or liens against you. Your lawyer can ensure that the sale is completed in accordance with the civil court's judgment and that your creditors receive only what they are entitled to by law.
Selling a home under normal circumstances is a process that most real estate agents can handle without the need to consult a lawyer. However, when the sale of your home could entail anything but normal circumstances, you may need to follow precise real estate laws in your state. You can sell the home lawfully by retaining a real estate lawyer to assist you.