Why would I want a lawyer for a real estate deal?

On Behalf of | Apr 26, 2021 | Real Estate |

Many people in Warren County might not think to hire an attorney to handle a real estate transaction. For example, someone might think that the transaction is routine enough just to rely on a realtor to handle it.

In other cases, such as a transaction between a friend, family member or business partner, people might think just to handle the deal themselves.

Realtors may not practice law in Tennessee without a law license

Realtors indeed do a number of valuable services for their clients. However, one thing they are not allowed to do is practice law, unless of course they are also licensed Tennessee attorneys.

At its core, this means that a realtor should not be representing a person in court or, for that matter, guiding a person through the court process beyond the most basic information. They also should not be advising their customers of their legal options or helping to negotiate what is a legal dispute.

In short, when things go wrong during or after a real estate transaction, a Tennessee resident will likely need the help of a lawyer to handle the case, especially if it is going to mean filing or defending a lawsuit.

Especially in a complex or contentious transaction, it may make sense to have a lawyer involved from the outset so he is informed about the case should the deal go awry.

Things can go wrong when you try to do it yourself

Indeed, a lot of the reason why real estate transactions go smoothly is that knowledgeable people, like a real estate attorney, put in the time and effort to attend to the many important legal details that are part of every real estate transaction.

Even if one does not notice them, there are a lot of moving parts to a real estate transaction. For example, the right deeds, promissory notes and contracts, all legally binding documents, have to be prepared correctly.

Additionally, in most cases, someone will also have to do a title search to make sure there are no hidden easements, liens or other legal problems that can affect a planned real estate transaction. If it turns out there are title defects, they will have to be addressed.

Even a well-informed and well-intentioned person can create a huge legal headache if she tries to handle a real estate deal without being fully familiar with how the law might apply to her matter.