ABA Family Legal Guide

Buying and Selling a Home

Meeting the Players

Working with a Lawyer

When should I see a lawyer about buying or selling a home?

As a buyer, it probably is not necessary to consult with a lawyer when you begin your search for a home. However, you will want your lawyer to enter the process when you are ready to make an offer, and certainly before the purchase contract is finalized. Legal advice will be more helpful--and may be less expensive in the long run--before rather than after signing a contract.

In addition to giving you advice and help in negotiations, your lawyer will ensure that your interests are protected. If something goes wrong, you do not want to discover too late that you have signed away important rights, failed to include important protections, or failed to receive what you expected.

If you are a seller, you will probably want to consult a lawyer early in the process and before signing a listing agreement with a real estate agent. As in the case of a buyer, it is important to understand the terms of the offer before accepting it. In addition, a lawyer will be instrumental in helping the seller comply with the terms of the offer once accepted and preparing for the closing.