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Old 02-20-2011, 11:40 PM
 
Location: Cary, NC
43,297 posts, read 77,129,965 times
Reputation: 45659

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Quote:
Originally Posted by Heidi60 View Post
You are much better off using a lawyer to protect your rights during the buying process. The lawyers will charge you for their time but they aren't in it for a commisson so be smart. Also, if you read other posts on this topic you can see how they are when dealing with them.
And you have experience using an attorney for showing homes, arranging contractor visits, confirmation of negotiated repairs, final walk throughs, and other site visits during the transaction?
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Old 02-21-2011, 02:11 PM
 
Location: Columbia, SC
10,965 posts, read 21,988,738 times
Reputation: 10685
Quote:
Originally Posted by MikeJaquish View Post
And you have experience using an attorney for showing homes, arranging contractor visits, confirmation of negotiated repairs, final walk throughs, and other site visits during the transaction?
You left out negotiation tactics and determining fair market value. Some agents also bring financing knowledge to the table.
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Old 02-21-2011, 03:31 PM
 
Location: California
6,421 posts, read 7,670,347 times
Reputation: 13965
You seem to be doing fear bitting when it comes to anyone using an alternative to realtor commissions. A real estate lawyer is a much better deal as he doesn't work for commissions and is legally educated to cover all the bases including fraudulent deals and misrepresentations. Realtors played a roll in pushing people into houses they couldn't afford but still cry about their commissions. Use a lawyer, it will be cheaper in the long term.
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Old 02-21-2011, 03:56 PM
 
Location: Just south of Denver since 1989
11,828 posts, read 34,440,909 times
Reputation: 8981
Offer what you will to an owner to buy the house, but the seller agreed to pay fee to a real estate brokerage that is not yours to negotiate at all.
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Old 02-21-2011, 04:18 PM
 
Location: California
6,421 posts, read 7,670,347 times
Reputation: 13965
Here is an example of why you need a lawyer:


http://www.appraisalinstitute.org/newsadvocacy/downloads/ltrs_tstmny/2010/AppraisalOrganizationsFollowupLetterHAFA1.pdf

Since most of us are not in the business of buying and selling real estate, we need an expert who will watch out for our interests. If a seller wants to give away her equity, that is her problem, but both parties need legal representation for any legally binding contract.
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Old 02-21-2011, 04:22 PM
 
Location: DFW
40,951 posts, read 49,198,692 times
Reputation: 55008
Quote:
Originally Posted by Heidi60 View Post
Realtors played a roll in pushing people into houses they couldn't afford but still cry about their commissions.
Wrong. Agents don't push people into houses they can't afford. If anything we tend to get them with a good lender so they will understand their costs. I've had people go up in their price range but it's because they want more house not because anything I've ever said or done.
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Old 02-21-2011, 04:26 PM
 
Location: California
6,421 posts, read 7,670,347 times
Reputation: 13965
If that is true, it is the exception s.o.p. and good for you, but I think the numbers speak loud and clear.
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Old 02-21-2011, 04:34 PM
 
Location: SoCal
14,530 posts, read 20,128,038 times
Reputation: 10539
Quote:
Originally Posted by Heidi60 View Post
... both parties need legal representation for any legally binding contract.
Not that I'm a lawyer but I'm pretty sure that's wrong. Any competent adult can enter a legally binding contract if they want. If it's a bad deal then that's too bad.


(I'm talking about a contract that would have otherwise been legally binding with legal representation for both sides.)
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Old 02-21-2011, 04:43 PM
 
Location: California
6,421 posts, read 7,670,347 times
Reputation: 13965
The "too bad" attitude is why one should always get legal rep. when entering into a contract for what is for most the largest sale/purchase of our life. It is only common sense. How many realtors participated in the problems created by pushing sales for commissions? The numbers speak lound and clear! No one should be discouraged from protecting themselves legally or otherwise.
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Old 02-21-2011, 04:51 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,582,493 times
Reputation: 2201
Quote:
Originally Posted by Heidi60 View Post
I read nothing in that letter that argued for needing a lawyer. It was an argument from a group of appraisers against allowing banks to use BPO's for valuing short sale properties.
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