being sued after selling house what kind of attorney

Do I need an attorney to sue a real estate agent?

Jul 16, 2012 · I am being sued after selling a house in as-is condition. The buyer did not have an inspection nor a final walk-shortsale ... An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in ...

Can a seller sue for repairs?

Aug 20, 2014 · 7 attorney answers. One can always be sued. The question is whether one can win. Most standard area real estate contracts provide for the winning party to pay attorney's fees, so that can come into play. In rare circumstances the question can be whether the suit was frivolous, in which case sanctions can be awarded.

Why do I need an attorney to sell my home?

Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.

Can a home buyer Sue over a new defect?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process that ...

Can a buyer sue a seller if the seller didn't disclose the issue?

If the buyer can prove the seller was aware of an issue and didn't disclose it then yes they can sue AND WIN. It can be difficult, though, to prove a seller was aware. Each case is different.

Can a home inspector find everything?

Home inspectors cannot find everything, and often have the Buyer waive liability as a result thereof.

Can a buyer recover from a seller for a defect?

Ordinarily, only home defects that are material and that the buyer didn't know about, but which the seller did at the time of sale, will allow a buyer to recover from the seller. That means, of course, that most defects you might find within a home will not make the seller legally liable to you.

Do you have to disclose defects in a property before selling?

Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed. Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract.

Do houses come with a guarantee?

Also realize that houses don't come with a guarantee. They typically continue their normal processes of aging and decaying, leaving buyers to deal with the consequences—without any grounds to run back to the seller to complain.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

What is the process of selling a home?

Selling a home is a complex process that requires knowledge of and familiarity with local, state and federal laws. An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, ...

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What is the job of a home inspector?

Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do attorneys have a legal responsibility to sell a home?

Attorney’s often inform seller’s that they have a legal responsibility to have a safe home. One, where visitors at an open house or a prospective buyer previewing the home won’t get injured. Unfortunately, this aspect of selling a home often gets overlooked and someone will get injured.

What to do if stairs are damaged?

If there is a missing or loose staircase rail or damaged steps, then repairing or correcting them would be wise. If the light above the stairs is burnt out, then replace it.

Do not sell personal information?

In almost every one of the United States, statutes are in place mandating that real estate sellers advise buyers of certain physical defects in the home and property before the closing. The usual way of meeting these obligations is by filling out a standard disclosure form.

Is a house a depreciating asset?

At the risk of stating the obvious, a house is a depreciating asset, upon which time will take an inevitable toll. A seller's disclosure form is in no way a guarantee or warranty to buyers that the house will remain pristine and perfect into the future.

What are the problems with a house?

These problems can involve the structural or even the cosmetic conditions of the house. They can include problems such as: 1 Ceiling or Roof that leaks water 2 Termites or any pests 3 Issues involving the plumbing, air condition, walls, floors, windows, electrical unit, or exterior such as sidewalks, lawn, driveway, etc. 4 Zoning ordinance violations 5 Building code violations 6 Deaths that occurred on the property 7 Interior Flooding

Why is a home inspection important?

As recently explained here, home inspections help to discover material and nonmaterial defects in a home. A home inspection is very useful for sellers. The home inspection can make the seller and the buyer aware of the defects in the home.

What is a lawsuit against a seller?

A lawsuit to recover for the cost of the repairs against the seller. The seller now has the responsibility to defend himself against this litigation and even has the possibility that they must pay. By understanding these rules, they will be sure to keep the seller from potential future legal trouble.

What are the duties of a real estate agent?

Real estate agents are responsible for several tasks, depending on their education, licensing, and certifications. Some examples of what a real estate agent does include: 1 Handling standard client forms; 2 Drafting and preparing offers and other related paperwork; 3 Providing satisfactory customer service if a client has an issue; 4 Answering basic questions that clients may have, such as explaining the home purchasing/selling process; 5 Reviewing real estate contracts, such as lease agreements, purchase agreements, and rental contracts; 6 Negotiating sale prices between sellers and the clients; 7 Closing any deals; 8 Showcasing properties to potential buyers; and 9 Guiding clients through tours of the property.

What are some examples of real estate?

Some examples of what a real estate agent does include: Handling standard client forms; Drafting and preparing offers and other related paperwork; Providing satisfactory customer service if a client has an issue;

Do real estate agents work alone?

This is by no means an exhaustive list of what real estate agents do. The term “real estate agent” is sometimes used interchangeably with the terms salespeople and brokers. However, brokers may work alone because of the more rigorous state board licensing process they are required to complete. Typically, real estate agents must work with a broker.

Can a real estate agent give legal advice?

There are some things real estate agents are not allowed to do. Some examples include: Giving legal advice (unless they are a licensed attorney and are acting in capacity as your attorney), as this would be considered an authorized practice of law; Giving tax advice, as they are not licensed to do so; or.

What is a fiduciary in real estate?

A fiduciary is an individual who is entrusted with acting on behalf of another individual and making decisions in their best interest. Fiduciaries are entrusted with legal duties or obligations to their client because of their experience and specialized training. A real estate agent’s most important aspect of fiduciary duty is ...

Why are fiduciaries important?

A real estate agent’s most important aspect of fiduciary duty is the requirement to be honest and make decisions based on the best interest of their client.

What are the lawsuits against real estate agents?

Some other common lawsuits filed against real estate agents include: Failing to Disclose a Property Defect: The seller or buyer is ultimately responsible for disclosing any property defects involved in a real estate sale.

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