- Buying and Selling Real Estate is a Legal Transaction: In Illinois buying and selling real estate is a legal transaction. Unlike attorneys real estate brokers do not have the same duty of loyalty to their clients. Moreover in many states, including Illinois brokers are permitted by law to engage in "dual agency" and represent both the Seller and the Purchaser. Hence, a lawyer is required to represent only the interest of one party. Additionally, the lawyers fees are not bound to the closing of the transaction which means that there is not possibility of "self-dealing" by the attorney.
- You need a Legal Professional: Not only is buying and selling real estate in Illinois a LEGAL transaction, requiring a contract in writing by law, for many people buying a home is the single largest financial investment they will make in their lives. It is important that you protect the investment and understand all of your rights and obligations.
Furthermore, a Real Estate Agent is not allowed to Practice Law in Illinois. If you have chosen a real estate broker who is also an attorney licensed to practice law in Illinois they may not represent you in both capacities.- Only Your Attorney Can Draft Legal Documents: Your attorney can draft legal documents that are required in order to transfer the property. Per the Illinois Supreme Court, real estate brokers may fill in the blanks on standardized contracts but cannot write additional language, draft riders or amendments to the contract.
- A Real Estate Agent cannot give legal advice such as the legal ramifications of your Contract and your loan documents. Only a lawyer can give legal advice.
- Only Your Attorney Can Draft Legal Documents: Your attorney can draft legal documents that are required in order to transfer the property. Per the Illinois Supreme Court, real estate brokers may fill in the blanks on standardized contracts but cannot write additional language, draft riders or amendments to the contract.
- Breach of Contract Remedies
As much as we would like for each and every real estate transaction to go smoothly, occasionally problems arise. If you or the other party breach the contract, then your lawyer can tell you what rights either of you may have, such as the right to bring a lawsuit against the other or to forfeit the buyer’s earnest money as liquidated damages.
- Cancelling the Contract to Buy or Sell Real Estate
When promptly hired, your Attorney can assist you in meeting your mortgage application deadlines, preserving your rights to cancel the contract (for certain circumstances), and draft a cancellation of contract pursuant to contract terms.If you are denied your loan or have other issues arise regarding the habitability of the real estate they attorney can assist you in getting out of a bad deal.
SHOULD I GO D.I.Y. WITH MY REAL ESTATE DEAL?
DIY projects are everywhere! Thanks to YouTube™ and cable television we are learning how to be chefs and carpenters. It's easy to believe when it comes to buying or selling real estate that you can do all of the legal work yourself and save a few pennies. Here is why you don't want to take that route: