You should hire an attorney to assist you if you are selling your home by yourself. My practice is focused on the purchase and sale of residential real estate, particularly FSBO transactions. If you retain me and my associate Marc Holmes, you will have legal experts on your side who can answer your questions throughout the legal process.
The sale of your home is a legal transaction in which the signed documents create significant legal rights and responsibilities. Accordingly, FSBO experts "overwhelmingly suggest hiring an attorney to draft, or at least review, all the paperwork" to make sure it is legal, complete and accomplishes its purpose. Unless you are very familiar with contracts, you should not sign a contract for the sale of your home until an attorney has reviewed it. You shouldn't "cut corners" in this regard, as "neglecting to get advice from an attorney or other knowledgeable person will cost you money, not save it." Indeed, even if you create your own contract, you're "better safe than sorry" to have an attorney review it. Bottom line: "Don't skimp on an lawyer."
Moreover, there are legal obligations imposed on a seller. In almost all instances, the seller will need to complete a seller disclosure statement. The seller may also need to inform the buyer about existing lead paint. If the property has a septic system, county regulations may apply. We can assist you in meeting all of your legal obligations so that the transaction goes smoothly and you avoid potential problems after closing.
Finally, we will make sure that your interests are fully protected throughout the transaction. If the transaction begins to fall apart, we can provide you with immediate legal counsel as to your options.
Alternatively, we can represent both seller and buyer in a "FSBO" transaction by providing the forms that are necessary for the sale. Under these circumstances, we simply ensure that the legal requirements for the sale are satisfied. We do not protect the interests of either party -- the parties must protect themselves. Typically, we will only represent both parties if they have a relationship outside of the transaction (e.g. family members).
