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For Sale by Owner: Do You Need an Attorney?


For sale by owner (FSBO) homes can be a daunting task. However, if you want to do it correctly and smoothly, it’s best done with some assistance from a real estate lawyer. A real estate attorney has the knowledge and experience to help guide you through the FSBO process. Here are a few ways a lawyer is beneficial when dealing with a for sale by owner home.

The Cost

Lawyers don’t take a commission when dealing with for sale by owner homes, instead, they earn their fees hourly. This saves the homeowners the 3%-6% commission payout to the realtor. Real Estate lawyers are not paid based on the deal closing which means they truly are able to provide advice based on what is in the client's best interest, not just getting the deal to close.

Get Clarity on Terms

With selling or buying a FSBO home, there can be some confusion. A lawyer will be able to help you through the common problems that can rise with a FSBO home. In the event of any documentation or forms, a lawyer can help give clarity on the situation and advise on any legal issues the property may have. This helps ensure that you’re legally in the clear with your FSBO home. The real estate lawyer can answer any of your questions or concerns as well as offer unbiased advice.

Common Questions for Sellers

If you have any of these following questions, it’s advisable to hire an attorney to help guide you through the process.

  • Is the property you’re selling in a state of distress?
  • Do you have an uncooperative partner you’re selling with?
  • Do you believe something will go wrong based on what you know about the property?
  • Are there judgments or liens in your background?

If you are deciding to go the for sale by owner home route, it’s best to contact an attorney so you don’t have to go through the process alone. Hiring a real estate lawyer is the best choice for a FSBO home as they can help guide the homeowner every step of the way.

At Aldrich Legal Services, our attorneys represent clients in all areas of real estate law, including commercial buildings, shopping centers, condominium development, apartment buildings, undeveloped land, cooperative apartments, condominiums and single-family homes. Our founding attorney, Brad Aldrich, is a knowledgeable real estate lawyer with more than 20 years of legal experience. He is a licensed real estate broker and owns multiple commercial properties. If retained as your counsel, we will protect your rights and use our experience to further your interests. Contact us today at (734) 404-3000 for more information. 

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