Selling House Attorney Before You Get a Buyer?

Putting the house up in about a week. Wondering do sellers get a attorney first before you are even get an offer? Then the question is if you do, what happens if you get no offers or never go into contract?? What do you do with the lawyer then? Just keep them on retainer and hope it happens soon?

Re: Selling House Attorney Before You Get a Buyer?

I'd recommend picking an attorney early on, because the last thing you want to do is scramble around last minute if you get an offer.

Re: Selling House Attorney Before You Get a Buyer?

I agree - You don't have to have an attorney lined up, but it makes sense to do so. The more prepared you are, the smoother things tend to go.

You typically don't pay an attorney anything upfront. I would recommend just calling a few attorneys (you can just consult with them on the phone) that you know by reputation or recommendation (family, friends, and your realtor are good sources of recommendations). You can tell them you are putting your house on the market and looking into attorney representation. I would ask about their experience (esp. if you have a special circumstance, such as a short sale or an estate sale), how they will communicate with you (will they be reachable for questions, and if so, how? -- email, phone?), will you be dealing with them or a legal assistant or secretary for the most part, and of course, their fee. The real estate attorneys usually charge a flat fee at closing (versus an hourly rate).

Once you find one you like and feel comfortable with, you can let them know you will be using them. When I have a listing, I will often bring the seller's necessary paperwork (e.g., deed, survey, etc.) to the attorney so he can start a file. But then once you have an offer, you would call and let your selected attorney know, and he will start to work on your transaction (seller's attorney preps the contract to send to buyer's attorney).

But you don't need to pay them upfront, put them on retainer, or anything like that!

Re: Selling House Attorney Before You Get a Buyer?

Whenever I have represented a seller, they usually call me to let me know they have a binder and get my fax/email info so the realtor can send it to me. I may have a heads up that I will be representing them but if I don't, it doesn't matter. For example, yesterday I just had a binder faxed to me that I had no idea was coming but it's fine. As Christine said, there are no retainer fees or anything like that. I just charge a flat fee.

Re: Selling House Attorney Before You Get a Buyer?

As the previous posters recommended, it is helpful to have an attorney lined up for when you receive an offer and agree to a price. You do not have to pay anything up front to the attorney that would handle the sale but it is one less thing to worry about when you do find your buyer.

I am an attorney and vendor on this site who handles real estate transactions. If you would like to discuss your needs or have any questions I may be able to answer, please let me know.

Best of luck to you!

Kristen M. Breglio, Esq.
The Breglio Law Firm, PLLC
1225 Franklin Avenue, Suite 325
Garden City, New York 11530
p: 516.240.8033
f: 516.240.8032
www.thebregliolawfirm.com