What a Good Lawyer Does for FSBO Sellers

Thinking of selling your home yourself? If you talk to any realtor, they will tell you, “you’re crazy!” Even though the process is always easier with the help of a real estate professional, and the whole FSBO process itself is a little risky, there are steps that can cut down on the risk and stress. The truth is with the help of your title agency the process can actually be simplified quite a bit, especially if said title agency has an attorney on staff (cough cough*).

There are going to be many, many questions that come up when selling your home: How much should I list my home for? Should I sell my home now, or wait another month? The one question you should not ask yourself is whether our not you need an attorney to help with the closing. The answer is most certainly, yes.

According to Forsalebyowner.com, “There is just too much at stake to risk letting some sort of legal snafu torpedo your sale… An attorney will guide you through the paperwork, ensuring that you are complying with state law every step of the way. “

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States that require a real estate attorney

Many states have laws mandating the involvement of a real estate attorney, often requiring their presence at closing. These include Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. Keep in mind that these rules can vary by region within states, too.

Whether or not you live in a state that requires an attorney, there are many reasons to have an attorney present when selling your home:

  • You're selling a property that is in some state of distress.

  • You're the heir or executor of a property whose owner is now deceased.

  • You're selling a house with an uncooperative partner.

  • You have judgments or liens on the property.

  • You have that gut feeling that something could possibly go wrong based on knowledge you have about the property.

Most real estate attorneys work closely with the title or settlement company, but in the case with HK Title, we have one on hand (you can learn more about our team here). Joe and the rest of the HK team will ensure your closing is a seamless process, with little to no issue. It gives you as the seller one less thing to worry about.

“The last place you want to be is at the closing table with a professional closer and your buyer’s attorney staring at you and expecting you to respond to a legal question that you are not prepared to answer. You need an experienced advocate on your side to be certain that your interests are always represented.” (forsalebyowner.com).