Buying and selling property can be very stressful. For most people, the property they own is one of their biggest investments, so it is not something to take lightly. Before you buy or sell anything of that great of value, you need to make sure that you are protected. Too many people think that if they have hired a real estate agent they are safe. However, a real estate agent has no legal training or legal licensing and cannot give you legal advice. This is why you should always consult a real estate attorney before you exchange property. Here are some situations where you should talk to an attorney.
1. The Seller Has Misrepresented the Contract
One of the main reasons people see an attorney is because the person who sold them their property was not forthcoming or honest in the contract. For instance, you might have sold a house that had a faulty foundation. The seller showed that they had the proper inspection done on the house and that there was no problems. However, when you meet with the inspector, they in fact tell you that they found problems with the foundation.
In most cases to win on this claim, the seller would have had to know about the problem. But still, if you believe that the seller defrauded you when they sold you the house or property, you should consider bringing a lawsuit against them.
2. The Seller Had An Easement On The Property That They Did Not Disclose
Another reason people hire a real estate attorney is because the land is not useable to the degree that you thought it was. For instance, in some cases there are government easements on the land that you should know about before you purchase. These easements may make it so that you can no longer use the property how you intended to. If the seller didn't disclose that before you purchased the property the you might have a case against them.
3. Prevention
Lastly, it is always safer to have an attorney look at your contract before you buy or sell any property. This way they can help you see problems before you exchange any money. They can also help you to identity places where you should ask more questions, when you need to get another inspection done and so forth.
As you can see, there are many situations where you should hire a real estate attorney.
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