If you ask a realtor whether to hire a real estate agent or a lawyer to buy a house, you can expect the realtor will suggest hiring an agent. On the other hand, if you ask a lawyer which type of representation is better lawyer vs real estate agent the lawyer will probably say hire a lawyer. Each profession has its own advocates, but the best solution is neither of those options. It is both of those options.
Now, we know what you’re thinking. You’re thinking if you are buying a house, you are not paying for an agent to represent you, the seller is paying that fee. So, why would you want to spend money you don’t have to spend to hire a lawyer. Some buyers want the legal protections and advice only a qualified and competent real estate lawyer can provide.
Hiring a Lawyer vs. an Agent to Buy a House
If you talk to some lawyers, they might say you should hire a lawyer and not a real estate agent because a lawyer can provide both services. The trouble with that idea is few lawyers professionally sell real estate. It’s a hat they don’t often wear.
Lawyers might not know the specific neighborhoods, how to prepare a comparative market analysis, draw a real estate contract, or anything about the listing agent nor the profession of real estate, much less how to spot defects, negotiate for repairs nor any of the other dozens of tasks an experienced buyer’s agent performs.
On the other hand, real estate agents are not licensed to provide legal advice. This means they cannot answer a legal question, even if they know the answer, without breaking the law. An agent could potentially lose her real estate license if she tried to practice law.
A Real Estate Question vs a Legal Question
Unfortunately, many real estate clients cannot differentiate between a legal question and a real estate question. If it pertains to real estate, many buyers don’t see it as a legal question. They will say so, too, after nodding their heads that they firmly understand an agent can’t give legal advice. They will say, “OK, I won’t ask you a legal question but how do you think I should hold title?” Which is a legal question.
Now, if a buyer wants to know how many square feet are in an acre, which is 43,560, an agent can answer that question. But if a buyer wants to know the ramifications of a shared driveway easement, that is a legal question. About now, you’re probably thinking well, what good is a real estate agent then if she can’t answer any legal questions about real estate? You would not be alone in that thinking. It’s frustrating for a buyer.
Another example is can I cancel this purchase contract and get my deposit back? Again, a legal question, not a real estate question. An experienced agent might point to the paragraph in the purchase contract pertaining to the return of earnest money deposit and she might disclose what usually happens with regards to her experiences, but she can’t advise a buyer to sue the seller nor guarantee the deposit will be returned. If she knows the buyer’s deposit is at risk, she might share a few situations about the way her clients handled these matters, but in the end, she will be forced to suggest a buyer obtain legal advice.
The Bottom Line a Lawyer vs. Agent
It is not that the buyer’s agent does not want to help, it’s that she can’t give legal advice. Further, if she violated the law and expressed a legal opinion, a buyer could not rely on it anyway. Lawyers typically charge a few hundred dollars an hour. A brief consultation is the better way for a buyer to obtain legal advice than to try to squeeze it out of his agent, just because he doesn’t want to pay a lawyer.
HTTPS://KCREALESTATELAWYER.COM
- Boundaries
- Deeds
- Divorce
- Estate Planning
- For Sale by Owner
- Home Buying
- Home Selling
- Land Use
- llc
- Locations
- Real Estate Brokers
- real estate finance, FSBO, real estate markets, home buyers, home sellers
- Real Estate Markets
- Tax-Related Issues
- Title Issues
- AUDIO/VIDEO ONLINE CONSULTS AVAILABLE DIRECTLY WITH A LAWYER
- What is a Side Letter Agreement in Real Estate?
- MISSOURI STATUTE ON PROPERTY FRAUD
- OPTIONS FOR SELLER FINANCING
- INVESTMENT FIRMS MAKING IT DIFFICULT FOR FIRST TIME HOME BUYERS
AFFIDAVIT OF SURVIVORSHIP affidavit of title BUYERS commercial real estate COMMON LAW MARRIAGE COVID AND EVICITION DEATH AND REAL ESTATE Deed estate planning estate planning real estate trends FSBO future of commercial real estate Future of real estate home buying Home seller home selling inheritance KC real estate LANDLORD Landlords land use midwest real estate PROBATE Property Management real estate closing real estate contracts real estate deeds Real estate deed work real estate ethics real estate finance Real estate financing real estate investing real estate lawyer real estate management real estate market real estate markets real estate planning real estate transactions real estate trends seller financing SELLERS SURVIVORSHIP AFFIDAVIT TENANTS IN COMMON TRANSFER ON DEATH DEED wholesale real estate