For many people, buying or selling a house is one of the most significant transactions of their life, and it stands to reason that you’d want to turn to a professional rather than navigating the process on your own. If you’re purchasing a new home or considering selling your house, your first inclination might be to enlist the help of a real estate agent. But while buying and selling agents can be a good option, you may be surprised to learn that attorneys selling property might actually be the best option.
A real estate agent’s obligations to his or her client are somewhat limited,and he or she may not necessarily be working in your best interest. For example, a real estate agent can represent both the buyer and the seller in the same transaction, or could even be the buyer, which obviously could leave you in a very vulnerable position.
Attorneys, on the other hand, have a very clear duty to their clients.
The real estate lawyer-client relationship provides for a high degree of privacy and confidentiality, which does not exist in a real estate agent-client relationship.
A real estate attorney will be representing you and only you in the buying or selling of a house, and an attorney is not incentivised by increasing or decreasing the purchase price.
Furthermore, while it is typically advisable to hire an agent for the marketing and advertising portion of the sale of your property, it is the real estate attorney who will typically get involved during the transactional phase.
So if your real estate attorney can attend to the marketing and advertising of your property as well, is there really any need for a separate estate agent?
Thus a real estate attorney will give you the best and most unbiased representation possible.
Real estate agents are usually paid by commission, which they will only receive if the transaction closes. If the transaction doesn’t close, they aren’t paid. This means agents are motivated to “seal the deal,” which on the surface may sound like a good thing. But that motivation may cause an agent to push for a closing that might not be in your best interest.
An attorney (specifically a real estate attorney), on the other hand, will be paid directly by you, and his or her fees will be made clear to you from the start. An attorney will be motivated by the fact that he or she is your representative, not because of commission.
If a closing falls through or you decide you don’t want to go through with a deal, it won’t affect your representation by an attorney.
You can probably infer that a real estate attorney is better equipped to provide you with legal guidance. But did you know that only attorneys can give legal advice! So by using a real estate attorney to sell your property, not only do you benefit from our marketing expertise, but we are able to give legal advice from the get-go.
We will draw up a client specific contract, explain its terms to you in detail, and give you all the legal counsel you might — and will — need as you go through the process of selling your home, before you transact.
As property lawyers, we have always attended to property transactions that do not require a real estate agent to sell or help buy a home, for example, private and family sales, private mortgage transactions, subdivisions, consolidations, sectional title registration, township development, servitude registrations, limited real right transactions such as usufructs and deceased estate transactions.
As our client, you will benefit from our skill and knowledge and there is no extra charge for our legal advice.
Attorneys have come a long way since the stoic Victorian era, but you will be surprised to hear that they have been involved in selling real estate from the very beginning.
Old laws and practice rules unfortunately hindered lawyers from marketing property, but this has all changed and the legal profession has been liberated to some extent to allow attorneys to serve their clients with regard to marketing of their properties not as estate agents but as attorneys.
We use our existing database of past buyers and sellers, internet property portals, effective advertising, sale boards, show houses and sometimes even auctions, as part of our marketing strategy to ensure the quickest sale at the best price.
The real estate attorneys at Neil Parker Attorneys will also work with real estate agents hand-in-hand to transact a client’s purchase or sale, if needs require. But we control the interaction so that you are not inundated by all and sundry. We are not aligned with any estate agency and thus we have no vested interest in satisfying the wants of any estate agency.
We are fiercely independent and answerable only to you.
So, if you’re thinking of buying or selling a home, turn to attorneys selling property at Neil Parker Attorneys. In addition to practicing property law for 20 years, attorney Neil Parker is also a Conveyancer and a Notary and an avid real estate investor, which gives him the knowledge and experience to help you sell your house at the best possible price and on the best terms that you can hope for, attend to the conveyancing and ensure an efficient and timeous transfer of your property and deal with any post registration requirements.
A niche property attorney involved with your property sale from start to finish, for a fee agreed upon upfront.
Contact our office for a free consultation regarding your real estate needs and our services.