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William Prien
07-02-2003, 04:44 PM
I am a Realtor in NY.
When I sell a house here, attorneys are involved in the transaction
right away. They draw up the contracts, do the title search, act as
liason with the mortgage companies, order CO's, surveys, etc.
However, I am going to be selling my Father's house in TX. Not as his
Realtor, but as his legal guardian. The Realtor I am using down there
said they don't usually use attorneys, except for estate sales or
divorce situations.
In TX, the Realtors draw up the contract of sale, order the title
work,etc.
This just makes me a bit nervous since I am so used to using attorneys
for selling a house at my own Real Estate office here.
So, anyone have any comments or suggestions on this topic?

William
wprien@yahoo.com

Bob Stock
07-02-2003, 04:53 PM
On 2 Jul 2003 15:44:30 -0700, wprien@yahoo.com (William Prien) wrote:

I am a Realtor in NY.When I sell a house here, attorneys are involved in the transactionright away. They draw up the contracts, do the title search, act asliason with the mortgage companies, order CO's, surveys, etc.However, I am going to be selling my Father's house in TX. Not as hisRealtor, but as his legal guardian. The Realtor I am using down theresaid they don't usually use attorneys, except for estate sales ordivorce situations.In TX, the Realtors draw up the contract of sale, order the titlework,etc.This just makes me a bit nervous since I am so used to using attorneysfor selling a house at my own Real Estate office here.So, anyone have any comments or suggestions on this topic?

I bought and sold a house in Georgia where it's customary to use
attorneys. I've also bought and sold houses in California where it's
not, and I never used an attorney. Perhaps you should focus on how
you think an attorney would help you. That might help you decide
whether to engage one.

------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------

Zen Cohen
07-02-2003, 06:31 PM
"William Prien" <wprien@yahoo.com> wrote in message
news:5ad47acc.0307021444.2c64d343@posting.google.c om...
I am a Realtor in NY. When I sell a house here, attorneys are involved in the transaction right away. They draw up the contracts, do the title search, act as liason with the mortgage companies, order CO's, surveys, etc. However, I am going to be selling my Father's house in TX. Not as his Realtor, but as his legal guardian. The Realtor I am using down there said they don't usually use attorneys, except for estate sales or divorce situations. In TX, the Realtors draw up the contract of sale, order the title work,etc. This just makes me a bit nervous since I am so used to using attorneys for selling a house at my own Real Estate office here. So, anyone have any comments or suggestions on this topic?

I'm a Texas atty but am not particularly well-versed in RE transactions. I
have always handled the sale/purchase of my own houses. They have gone
pretty smoothly and I feel that I haven't really had to use any legal
judgment in these transactions. Also, the contracts/forms in TX are pretty
easy to fill out (and are all online) and if you have a competent realtor
and title co closer, their input can be very valuable. I also know of many
other people who haven't used a lawyer in a TX home transaction who've had
no problems. That said, it doesn't cost that much for a lawyer to look
things over, and if there is a problem, the lawyer can usually spot it, deal
with it, resolve it. (BTW, a good lawyer is not necessarily a "dealkiller"
but someone who knows how to spot problems, advise you on them, and thus
enable you make an informed decision on how to proceed.) So though chances
are good you won't need a lawyer and the transaction will go smoothly, it's
a small price for a layperson to pay to prevent/resolve problems in a large
transaction where if something goes wrong, it can cost you dearly. Also,
since you're a fiduciary and not selling this house for yourself, you might
have a duty to at least run the papers by a lawyer prior to closing.

=> Vox Populi
07-02-2003, 11:36 PM
"William Prien" <wprien@yahoo.com> wrote in message
news:5ad47acc.0307021444.2c64d343@posting.google.c om...
I am a Realtor in NY.

Not a very experienced one I see ..

When I sell a house here, attorneys are involved in the transaction right away.

Bloodsucking parasites ... kinds like Realtors ...

They draw up the contracts, do the title search, act as liason with the mortgage companies, order CO's, surveys, etc.

A trined monkey could do that, and often does, they're called legal
secretaries ...

However, I am going to be selling my Father's house in TX. Not as his Realtor, but as his legal guardian. The Realtor I am using down there said they don't usually use attorneys, except for estate sales or divorce situations.

Most States don't commonly use Lawyers to transact Real Estate business.

In TX, the Realtors draw up the contract of sale, order the title work,etc.
This just makes me a bit nervous since I am so used to using attorneys for selling a house at my own Real Estate office here.

Then why would anyone need or waste $$ on a Realtor in NY, if all you
do is act as a glorified taxi service to/from the listings?

So, anyone have any comments or suggestions on this topic?

Yep.


William wprien@yahoo.com

David W.
07-03-2003, 05:53 AM
wprien@yahoo.com (William Prien) wrote in news:5ad47acc.0307021444.2c64d343
@posting.google.com:

I am a Realtor in NY. When I sell a house here, attorneys are involved in the transaction right away. They draw up the contracts, do the title search, act as liason with the mortgage companies, order CO's, surveys, etc. However, I am going to be selling my Father's house in TX. Not as his Realtor, but as his legal guardian. The Realtor I am using down there said they don't usually use attorneys, except for estate sales or divorce situations. In TX, the Realtors draw up the contract of sale, order the title work,etc. This just makes me a bit nervous since I am so used to using attorneys for selling a house at my own Real Estate office here. So, anyone have any comments or suggestions on this topic?

If you feel better having an attorney's assistance with the deal, then hire
an attorney. Who cares what the usual custom is? An attorney is pretty
cheap insurance on a deal that's worth that much money. My attorney has
caught mistakes in probably 1/2 the house deals I've done over the last 20
years, and has saved my bacon at least twice.

Mike
07-03-2003, 11:44 AM
"David W." <usenet@walc.com.pluto> wrote in message
news:Xns93AD463BF94C0usenetwalccom@206.127.4.25...

My attorney has
caught mistakes in probably 1/2 the house deals I've done over the last 20 years, and has saved my bacon at least twice.

Examplia gratis?

Hawaii: not customary but I used one.

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