The Attorney Requirement in Real Estate

Even though California does NOT require an attorney on a real estate team, did you know that 22 states DO require the actual presence of an attorney while closing or making a real estate transaction?

While California may not be one, the following are: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia.

Now here is the meat of this post; even if you aren’t in one of the states that require an attorney, it doesn’t mean you can’t have one. Some people feel safer that way, or some people are in situations over their head and just need the help. Real estate is a contract industry and lawsuits can happen with one inaccurate comment about flooring, solar, etc.

Below are more examples of why having an attorney on your team can be upmost beneficial and can possibly save a transaction that’s gone wrong.

What happens quite frequently in California is buying a property that’s For Sale By Owner (FSBO). You might need someone to look through the contract and make sure you know everything heading in. These can get very sticky and there is nothing worse than finding out bad surprises after already buying the house!

Or maybe you sign everything and think it’s finally done, but the seller or buyer is now trying to back out. Having an attorney there to make sure they either uphold their end, or can help you through making sure the contract is upheld through court.

You may need an attorney if you feel you’re being misrepresented or sense fraud or something equally as bad. Maybe you just want one to sleep better at night?

All of these are extremely valid reasons, which is why Kolker Real Estate Group has our very own attorney on the team and if you choose to work with us know that you are in the safest hands possible.

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