Selling a home is a major financial transaction—and it can be legally complex. For most people, this process involves significant assets and long-term consequences. That’s why it’s important to handle the sale properly from the start, and working with a real estate attorney can help you avoid costly mistakes and protect your interests throughout the process.
Why You Should Speak to a Real Estate Lawyer First
Before engaging with other professionals, such as a real estate agent, it’s a good idea to consult with a real estate lawyer. An attorney can help you understand what’s involved, prepare you for the next steps, and review or negotiate agreements—such as your listing contract with a realtor.
A realtor is a licensed real estate professional who is also a member of local and national real estate associations and adheres to a strict code of ethics. Realtors can provide valuable insight into the market, help stage and list your home, and assist with negotiations. However, your agreement with a realtor—including their commission—should be carefully reviewed by an attorney before you sign.
Contracts and the Sales Process
The sale of a home begins with a contract, and it’s critical that this document complies with local and state laws. If you decide to draft a contract yourself or use a standard template, a lawyer can review it to ensure it meets legal requirements and protects your interests. In many cases, it’s better to have your attorney draft or revise the contract on your behalf to avoid legal pitfalls later.
An experienced real estate lawyer can also help:
- Negotiate the purchase price
- Set appropriate closing dates
- Clarify move-out timelines
- Explain your rights and obligations as the seller
Understanding what you’re agreeing to—and what your responsibilities are before and after closing—is essential to a smooth transaction.
Protecting Your Legal Interests
A real estate attorney’s primary role is to protect your legal and financial interests. They’ve likely seen a wide range of issues arise from previous transactions, and they know how to identify and address potential red flags before they become real problems.
Your lawyer will:
- Review and explain the purchase agreement
- Help ensure that no contract terms work against you
- Identify and fix loopholes that could create future disputes
- Guide you through any title issues or legal risks
With legal counsel, you’ll be in a much stronger position to avoid or resolve conflicts, especially if something goes wrong during or after the sale.
Handling Important Legal Documents
Real estate transactions involve a variety of important legal documents, including:
- Title insurance policies
- Mortgage and loan documents
- Property surveys
- Legal property descriptions
These documents can be complex and confusing. A real estate lawyer will carefully review each one and ensure that everything is accurate and compliant before you sign. This helps protect you from liability and ensures that the sale proceeds smoothly.
Closing the Sale
When it’s time to close the deal, your attorney will walk you through the final paperwork and explain each step. You’ll have a clear understanding of what you’re signing and what it means. Your lawyer will also confirm that all state and local legal requirements have been met before the home officially changes hands—including matters related to title insurance and disclosure requirements.
We’re Here to Help
If you’re thinking about selling your home, speaking with a real estate attorney can help ensure a smoother and legally sound transaction. The Lawyer Referral Service of Central Texas (LRS) can connect you with experienced, reputable real estate attorneys in Austin and the surrounding areas.
Call us at (512) 472-8303 or (866) 303-8303 (toll-free), or fill out our referral request form online. We’re here to guide you every step of the way.
