Most people have a pretty good idea of why they need a realtor when buying or selling property. At the very least, realtors have access to databases, properties, and people you likely do not have access to; they know the market and can help you set an appropriate selling price of decide what purchasing price to offer; and they are experience at negotiating real estate transactions. A good realtor can be the difference between a successful and happy real estate transaction and one that fails.
However, many people are less clear about the role that a real estate attorney plays in real estate transactions and why they need one. While Illinois state law does not legally require buyers or sellers to retain a lawyer for property transactions, it is highly unusual for either party not to be represented by an attorney – and that’s for good reason. Here are a few of the reasons you want a real estate attorney, like those at Chang Legal, on your side when you are buying or selling property.
- The other side will almost definitely have legal representation.
- Do you really want to be the one without a lawyer at your side when complex contracts are on the table? The other side will have someone protecting their legal rights. You should too.
- Your real estate attorney will help you negotiate specific terms of the contract.
- Negotiations during real estate transactions are not just about price and realtors cannot change any legal aspect of a contract. For instance, if you wanted to change the language surrounding the due diligence period relative to the earnest money or other terms of the contract, only a lawyer can do this for you. If you want anything evaluated or changed in your contract, you’ll need a lawyer.
- Your real estate attorney can review CC&Rs and other HOA documents.
- If you are purchasing property that is part of a Home Owners’ Association, you will want an attorney to thoroughly review the HOA’s documents and especially the Covenants, Conditions, and Restrictions to make sure there are no surprises after everything is said and done. Plan on using the property as a rental or have non-family members living with you? Some HOA’s restrict this kind of activity and you want to know that up front.
- Your real estate attorney will ensure that you will have a clear title to the property.
- Your real estate attorney will do research on the property. Are there liens that need to be paid before the seller is allowed to sell? Does anyone else have legal interest in the property? A lawyer can even discover if there are boundary disputes regarding the property. Believe it or not, these hiccups in the process are more frequent than you might think. Not only will your attorney research these aspects of the sale, but they will also help you work through these kinds of problems, should they arise. An attorney will help sellers who encounter these issues as well.
- Your real estate attorney can help you evaluate and select mortgage financing options.
- Mortgages are more complex than the rate and the length of the mortgage. Prepayment options, closing costs… your attorney can help you weigh the pros and cons of different lenders’ offerings and, in some cases, help you negotiate better terms.
- Your real estate attorney will be with you at the closing and will ensure that everything you are asked to sign is a legal and safe document.
- Should everything go smoothly at the closing? Sure. It should. But if any questions come up about the language or terms of certain documents, you don’t want to guess. You want someone at your side who knows what’s okay and what’s not.
- Your real estate attorney is on your side, no matter what.
- Your attorney works for a flat fee, has no personal interested in the selling price of your home, and owes undivided loyalty to you.
Remember: you’re making one of the largest purchases or sales in your life so you should protect yourself. Whether you are buying or selling, there are few people who will handle transactions in their every day life that are as financially valuable as buying or selling a house and a real estate attorney’s fee only represents a very small amount of the money you are spending. Considering what’s on the line (no less than your financial life, in many cases), it’s well worth the insurance of having yourself legally represented.
At Chang Legal, we specialize in real estate law. That means we’ve seen just about everything when it comes to real estate transactions and we know what to keep an eye out for and how to handle both the expected and the unexpected.
If you are thinking of buying or selling property, we would be happy to discuss our services with you further. Please email us at contactus@changlegal.com or call 847-907-4971 today.