how to negotiate sale of a house attorney representing seller

by Angelica Greenfelder 9 min read

You have a couple of options to take the wheel on the negotiation: Counter with your original asking price. Counter somewhere between your original asking price and the buyer’s offer.

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What does a real estate attorney do when selling a house?

Apr 22, 2019 · If your sale price is $500,000 and the buyer’s closing costs are $10,000, raise the sale price to $510,000. Now the buyer can essentially finance the $10,000 into the amount borrowed for their loan. As the seller, you pay $10,000 …

Can a buyer and seller use the same real estate attorney?

Having an attorney on hand if you’re selling for sale by owner (FSBO) can take some of the work off your plate and minimize anxiety related to tasks like contracts, negotiations and closing paperwork. But a lawyer won’t do any of the work related to attracting buyers and providing market-specific advice.

Do I need a real estate attorney to negotiate a closing?

Nov 21, 2018 · Note: The exception to what’s described below would be a for sale by owner (FBSO) situation, in which the seller hasn’t enlisted a real estate agent’s services, and you might not have, either. Real Estate Agents Act as Go-Betweens in Home Sales. Most property sellers hire a listing agent to market the home and speak for the seller in the course of the deal.

How to negotiate with a buyer when selling a house?

Apr 17, 2017 · Commissions are always negotiable; that’s the law. “A home seller can negotiate when they have a property that is move-in ready, updated, …

How do you negotiate with an unreasonable seller?

0:3913:32How To Negotiate With A Difficult Seller - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo tip number one when it comes to difficult sellers is don't just don't deal with it for the mostMoreSo tip number one when it comes to difficult sellers is don't just don't deal with it for the most part what I do is. If the sellers not motivated.

Do attorneys negotiate?

The fact is, lawyers negotiate constantly. Whether you're trying to settle a lawsuit or attempting to close a merger, you're negotiating. Yet relatively few lawyers have ever learned the strategies and techniques of effective negotiation. Instead, most lawyers negotiate instinctively or intuitively.

Why is it important for buyers and sellers to consult an attorney before signing a sales contract?

A lawyer can review these documents and ensure their compliance with the contract terms. Furthermore, title companies prepare numerous other documents which parties are asked to sign at closing, many of which protect just the title company. Buyers and sellers should understand these documents before signing them.

What does a real estate attorney do for a buyer?

What Does A Real Estate Attorney Do? Real estate attorneys know how to, and are legally authorized to, prepare and review documents and contracts related to the sale and purchase of a home. In some cases, a real estate attorney is also the person who'll be in charge of your closing.Jan 6, 2022

What are the three phases of negotiation?

The negotiation process can be organized into three phases: planning, negotia- tion, and postnegotiation.

How do I prepare for legal negotiation?

Good preparation is essential for effective negotiation. Research the law, understand the issue, be clear on your client's objectives and construct a plan. Hold firm to your principles, but only if those principles can be objectively defended. Don't let yourself be intimidated by a particularly aggressive negotiator.

How do contingencies affect a sales contract?

A contingency clause defines a condition or action that must be met for a real estate contract to become binding. The contingency becomes part of a binding sales contract when both parties, the buyer and the seller, agree to the terms and sign the contract.

What does a real estate contract consist of?

A purchase and sale agreement is a real estate contract. It's a written agreement between buyer and seller to transact real estate. The buyer agrees to pay an agreed-upon amount for the property. The seller agrees to convey the deed to the property.May 4, 2018

What does a mortgage contingency include?

A financing contingency – most often referred to in real estate as a mortgage contingency or a loan contingency – is a clause that allows buyers to cancel the contract of the home purchase with no penalties, and a refund of their earnest money deposit if they're unable to secure a mortgage.Dec 27, 2021

What is the highest paid lawyer?

Highest paid lawyers: salary by practice areaPatent attorney: $180,000.Intellectual property (IP) attorney: $162,000.Trial attorneys: $134,000.Tax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.More items...•Dec 14, 2021

How much do attorneys make?

Comparatively, according to the US Bureau of Labor Statistics the national average annual remuneration of a lawyer is just below $145 000, approximately $12 000 monthly. With a 2019 national average income (all industries) of $68 703 annually and $5 725 monthly.Apr 19, 2021

What Is A Typical Realtor Commission?

A common misconception when it comes to Realtor commissions is that there is a standard percentage within the real estate industry. In truth, there...

Who Pays A Realtor's Commission?

Sorry, home sellers: You're generally the ones paying the entire commission, which goes to your listing agent. From there, the listing agent throws...

Do Realtors Earn A Salary in Addition to A Commission?

Realtors usually don't earn a base salary; they work only on commission.Let's do the numbers: Say you're the home seller and your Realtor charges y...

Are Commissions Negotiable?

Commissions are always negotiable; that’s the law."A home seller can negotiate when they have a property that is move-in ready, updated, or high-en...

What If The Realtor Is Representing The Buyer and The Seller?

Another instance when a lower commission might be feasible is if one agent is representing both the buyer and the seller, a scenario known as "dual...

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 ...

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.

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 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.

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 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 does a listing agent do?

Most sellers hire a listing agent to market the home and speak for the seller in the course of the deal. Don’t forget that the definition of agent is one who “acts on behalf of another.” The agent can be expected to communicate and act on the home seller’s behalf in negotiating all aspects of the deal (after consulting with him or her on the details, of course).

When can you adjust the price of a house?

As mentioned, the home price can be adjusted during the time period between when you've both signed onto the contract and before the sale closes. (This is called the "escrow" period .)

What is a typical real estate agent commission?

A common misconception when it comes to real estate agent commissions is that there is a standard percentage within the real estate industry. In truth, there is no common price. That would be price-fixing, which is illegal in most industries, says Maryland agent Malcolm Lawson.

Do real estate agents earn a salary in addition to a commission?

Real estate agents usually don’t earn a base salary; they work only on commission. Here’s how to find a real estate agent in your area.

What if the real estate agent is representing the buyer and the seller?

Another instance when a lower commission might be feasible is if one agent is representing both the buyer and the seller, a scenario known as “ dual agency .” Not all states allow dual agency, and even in the ones where it’s OK (provided it’s disclosed to all parties), many agents don’t go there because it puts them in a sticky position of having to work for both the seller and buyer..

How to sell a house to a buyer?

1. Keep the Ball in Your Court. As a seller, you’re under a lot of pressure. In today’s economy, it’s not always easy to sell a home – but the buyer doesn’t need to know that. You can keep the ball in your court, simply by keeping some information to yourself.

What to know when selling a house?

Probably the most important thing to remember about selling your home is that renovations can improve the appeal, but once you’ve shown your home, there’s no way to convince the buyer they’ll love it. People make home buying decisions based on emotions, and if your home doesn’t make an emotional connection with the buyer, you won’t have much negotiating power on that front.

What are the biggest mistakes made in real estate?

Sometimes, the buyer is too stubborn and the seller caves too easily, or sometimes the seller is too stubborn and loses the buyer completely. The housing market is better than it’s been in years, but you don’t want to take any chances.

What is bidding war?

A bidding war is one of the most exciting things that can happen for someone trying to sell their home. A bidding war means that if multiple parties want your home enough, they’ll work up the price through a series of bids, potentially getting it higher than your original asking price.

Who is Amy Fontinelle?

Amy Fontinelle has more than 15 years of experience covering personal finance—insurance, home ownership, retirement planning, financial aid, budgeting, and credit cards—as well corporate finance and accounting, economics, and investing. In addition to Investopedia, she has written for Forbes Advisor, The Motley Fool, Credible, ...

Is it illegal to counter an offer?

Say a buyer submits an offer that you don’t want to accept, and you counter their offer. You’re then involved in a negotiation with that party, and generally it is considered unethical to accept a better offer from another buyer if one comes along, though it is not illegal.

Can you have multiple offers on a house?

While it is possible to field multiple offers on a home from several buyers simultaneously, it is considered unethical to accept a better offer from a new buyer while in negotiations with any other buyer. 4. Put an Expiration Date on Your Counteroffer.

Can you counter more than one offer?

The seller is legally allowed to counter more than one offer at the same time, but they must include appropriate language letting all the parties know of the situation. 1  2 . In the interest of selling your home quickly, consider putting an expiration date on your counteroffers.

How to negotiate a home sale?

1. Work with a realtor. One of the greatest tools to have in your pocket during home sale negotiations is a knowledgeable realtor. You shouldn’t be afraid to ask a realtor about their negotiation style before hiring them. A good agent has been around the block and understands what to ask for and when to hold back.

What are the mistakes sellers make in negotiations?

Buyers use all sorts of tactics, including tugging on owners’ heartstrings or even resorting to ad hominem remarks. If your ultimate goal is to get the greatest ROI for your home, then don’t let your emotions get in the way of that.

What does it mean to reject an offer?

For those who aren’t scared to play hardball, rejecting an offer is a negotiation tactic that could actually pay off. Instead of sending back a counteroffer, the seller can ask for the buyer to submit an entirely new offer. This indicates that they understand their property’s value and puts pressure on the buyer to submit a higher offer.

Why do sellers list their property as is?

If a seller is trying to save money, then they can list their property to be sold “ as is .” This indicates to buyers that the owner will not make any repairs or changes to the property in order to close the deal.

What happens if an offer is loaded with contingencies?

If an offer is loaded with contingencies, the seller can simply cross out the contingencies they do not accept. Sellers can also modify contingencies to meet the buyer halfway. This move could potentially offend the buyer and cost the deal, but owners should be confident that in this seller’s market, they’ll likely get a better offer soon.

How does Redfin help sellers?

Sellers can work with their realtor to understand market trends and determine how much their home will be valued at in a couple of weeks. Then, they can list at that price. Tools such as Redfin can also help owners identify if properties in their area have been appreciating or depreciating .

What is a home inspection?

A home inspection provides the seller a complete picture of the defects within their property. This allows the seller to anticipate the buyer’s complaints ahead of time. For instance, if you know that you have a bad roof, you may factor the price of repairs into your listing price so you can negotiate down if the buyer asks.

What is a real estate attorney?

Real Estate Attorney for the Buyer. Anyone wishing to purchase a property must do so in a valid contract that is structured properly in terms of the law. A real estate attorney will ensure that the offer made in an offer to purchase is drawn up correctly. If it isn’t, it cannot be enforceable in a court of law.

What happens when a seller accepts an offer?

Once an offer has been made, the seller has the opportunity to accept or reject it, or to make a counteroffer and negotiate changes to the contract. Generally a seller will hire a real estate attorney once he or she has the offer to purchase on the table.

What are the laws of Georgia?

While there are federal laws that govern the sale of real estate, in Georgia there are several state laws that also apply. These include: 1 The Georgia Brokerage Relationships in Real Estate Transactions Act 2 Georgia Law for the Real Estate Sales Contract

Who does the closing of a mortgage?

And when the buyer needs to borrow money for a mortgage, the real estate attorney who does the closing doesn’t represent either the buyer or the seller, but rather the lender. While buyers and sellers of property are not legally obliged to use the services of a real estate attorney , it’s generally advisable to do so.

What is the final step in a real estate sale?

The final step of any real estate sale is the closing. This is when the seller gets paid and transfers title to the buyer. While some people are able to pay cash for a property, most need to raise a loan of some sort, most commonly a mortgage.

Can a real estate contract be enforceable?

If it isn’t, it cannot be enforceable in a court of law. Even if a real estate agent or broker draws up the contract, it’s important for a real estate attorney to check the contract to ensure it is valid and correct. Various things that are usually covered include: Condition of the property, particularly defects and age ...

Why is a real estate attorney important?

A good real estate attorney provides a backstop for your real estate agent, finding loopholes in the purchase agreement, saving you money with contingencies, and maybe even insulating you from lawsuits years down the line. Let’s go over some of the situations where hiring a real estate attorney is a good move, the responsibilities ...

How much do real estate attorneys make an hour?

Real estate attorneys are paid by the hour — market rates are between $150 and $350. You may be able to negotiate a flat rate, or a cap on the number of hours they work on your behalf.

What is a purchase agreement?

The purchase agreement is a legal contract that outlines the rights of the seller and the buyer. A lawyer can review this contract and make sure you’re receiving all the protections and assurances that you should be. Signing an incomplete or sloppy purchase agreement can leave you vulnerable later, even if you abide by your state’s disclosure laws.

Why do agents make more money?

Because most agents work on commission, they make more money the higher the final sale price goes. That’s great if your priority is extracting every possible dollar from your sale. But sometimes sellers just want a quick sale, or want their property to pass onto someone who appreciates it.

What are the benefits of being an agent?

A great agent doesn’t just help you buy or sell a property; they also offer a sympathetic ear, gentle advice, and all around emotional support. A huge financial transaction can be a huge source of stress, and a good agent knows how to reassure their clients.

Do I need a commercial real estate attorney?

This isn’t the case when it comes to commercial real estate . Commercial real estate deals are much more complicated and risky, and there’s usually a lot more money involved, so hiring a commercial real estate attorney for a commercial transaction is basically required.

Can a lawyer fight on your behalf?

But it’s understood a lawyer’s demands are backed up by the threat of costly litigation. Simply put, a commercial real estate lawyer can fight much more effectively on your behalf than a commercial agent.