Haws & Burke, PC Haws & Burke, PC - Law Firm & Attorney

Real Estate Law

Often, the purchase of real estate is the largest investment you will make. Later, the sale of real estate may represent the largest share of your retirement security. It is critical to have a representative who looks after only your interests as the Seller as the transaction proceeds from the listing agreement, to the agreement of sale, to the settlement. Our years of experience working with both Buyers and Sellers can provide strategies to help you through the negotiation and closing process.

You, as the Seller, may assume that the realtor with whom you signed the listing contract represents only your interests. Indeed, the realtor's commission is paid from your funds as the Seller. However, often there is a complex web of ongoing relationships between the Seller's agent(s), Buyer's agent(s) and the title company. As a Seller, you may be asked to sign acknowledgments and waivers regarding these relationships. Since some of these parties may be paid only when the sale goes through, they may be committed to pushing a sale toward conclusion. This dynamic can leave you with less "representation" than you might assume.

You, as the Buyer, often assume that the realtor you have selected to show you properties represents you. Seldom does the Buyer analyze the situation to determine that "your" broker is being paid by the Seller and does not receive a share of the commission unless you, as the Buyer, conclude settlement. Many times there is a close financial affiliation between the broker and the title company. Many title companies have a lawyer who handles the settlement. As a Buyer, you may not realize that you do not pay this lawyer and this lawyer does not represent you but rather often receives referrals from your broker and realizes that his referral source gets paid only when you conclude the deal. It is not unusual for a Buyer to comment after settlement that there were so many people involved and so much paperwork to sign that I wondered who represented me.

When we represent you in a real estate transaction, we are looking after only you. It is critical that you, as a Seller contact us at the outset, before signing a Listing Contract and Agreement of Sale. Likewise, it is vital that you, as a Buyer, contact us before signing any documents. Once these documents are signed, little can be done to strengthen your negotiating position.

<--Return to Top-->