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  • Selling a house without an attorney

    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
    [email protected]

  • #2
    Selling a house without an attorney

    On 2 Jul 2003 15:44:30 -0700, [email protected] (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.
    ------------------------------

    Comment


    • #3
      Selling a house without an attorney


      "William Prien" <[email protected]> wrote in message
      news:[email protected] 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.


      Comment


      • #4
        Selling a house without an attorney



        "William Prien" <[email protected]> wrote in message
        news:[email protected] 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.


        Comment


        • #5
          Selling a house without an attorney

          [email protected] (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.

          Comment


          • #6
            Selling a house without an attorney


            "David W." <[email protected]> wrote in message
            news:[email protected]

            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.


            Comment

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