It’s always a good idea to do some research before you decide on who you want to represent you in the sale of your home. A qualified real estate attorney can protect you from many legal pitfalls and ensure that you are not setting yourself up for future problems with the transfer of property, making concessions and disclosures, or paying excess taxes. When speaking to potential real estate attorneys in any state, you can certainly ask questions. Some examples of reasonable questions would be:
1-How long have you been practicing real estate law?
2-Do you have experience with the same kinds of issues that the sale of my property would include?
3-Do you only practice real estate law?
4-How much would you charge to assist me with this property sale? Do you bill the flat fee or hourly?
Feel free to speak with more than one real estate lawyer before making your decision. Any red flags should be listened to. For example, if the attorney seems rushed when speaking with you or misses your call, that might be a sign that they won’t have adequate time to spend on your sale. Another red flag would be any refusal to have a frank conversation regarding what you will be charged for their services. The sale of any property, not just your home, is a huge decision, and you have every right to thoroughly investigate prior to committing to anything. For more information on Real Estate laws in general read our article on recent changes to real estate law 2022.
Questions To Ask Your Real Estate Lawyer Before Selling Your Home:
If this is your first time selling a home, there are many questions to ask and items to consider as you move forward. As a home seller, you have certain rights and powers, but you also have specific duties and disclosures required of a potential buyer. The individual facts and circumstances of each home sale can vary, but here are some questions that can be applied to a broad range of home sales without any unusual complications.
1. Ask About Any Letter To A Home Seller
You will want to ask your real estate attorney to review any letter you receive from a potential buyer who is making an offer on your property. It’s typical for a potential buyer to send a letter if there is more than one buyer interested in purchasing your property, otherwise known as a bidding war. Of course, as a seller, this is music to your ears, but you want to be certain that any offer contained in the letter is something that leaves you in a good position after any purchase is completed. Ensure you include your real estate attorney in the review and evaluation of any letter to the home seller.
2. Ask About Home Sales Capital Gains Tax
You should ask your real estate attorney if your property sale will be subject to a capital gains tax. The answer depends on whether the property is your primary residence or something else, like a vacation or investment property. The appreciation of your home will also play a part. An experienced real estate attorney will be able to tell you if there are tax considerations for the sale of your property will be and how to best maximize your return on the property sale.
3. Ask About Seller Concessions
If you are considering making seller concessions or a potential buyer has asked for seller concessions, you need to explore the feasibility of any concession with your real estate attorney. Seller concessions are also called seller assists or seller contributions. Sometimes a seller concession is a great idea, and other times it can be harmful in the long run. The best rule of thumb is to discuss what you are willing to do and not willing to do with your real estate attorney before the situation even occurs. If a seller concession is requested by a potential buyer that has not yet been decided on between you and your real estate attorney, then you need to ask your real estate attorney about the potential long-term consequences of making the concession. Typically, a seller concession takes place when a potential buyer cannot afford all the costs involved in the home buying process. If you are in a buyer’s market and not a seller’s market, you may be forced to agree to a sale with contingencies (concessions) in order to unload the property.
4. Ask How Much The Seller’s Closing Costs Are Before Making The Sale
Be certain you discuss closing costs with your real estate attorney. Closing costs are a group of expenses for the seller to consider when selling a home. A percentage of the home’s price is charged for transfer tax, and the rate varies with the state law. There is title insurance. Escrow costs and any changes that are made to the property in order to close the sale. Finally, it is not unusual for the seller to pay for both realtors’ costs if the parties use a real estate agent.
5. Ask About Home Seller’s Disclosures
Most states require that a seller make a certain number or type of disclosures before a home sale is finalized. Different states can require a deadline for the seller to make certain disclosures in a report before finalizing the sale contract. A seller cannot escape making certain disclosures simply by stating that the property is being sold “as is.” Some common disclosures are if there was a death in the home, any hazards, neighborhood nuisance, water damage, and the presence of a homeowner’s association. Some states also offer “loopholes” where the seller agrees to pay a credit to the buyer. The best advice is to discuss your concerns about disclosures with your real estate attorney and disclose as much as they advise in order to avoid any problems with the buyer post-sale.