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using a real estate attorney instead of an agent

As a real estate attorney in Los Angeles with extensive experience, I’ve witnessed firsthand the transformation in how people buy and sell property. 

Today’s savvy clients are turning away from traditional real estate agents and opting for legal expertise to navigate their transactions. Why? 

Because in a complex real estate market like Southern California, having a legal expert can save you significantly, not just in terms of money but also in avoiding legal pitfalls.

Problems with the Traditional Real Estate Transaction

The traditional process of buying and selling homes in California is fraught with systemic issues that can compromise the interests of buyers and sellers.

Incentive Problems

Real estate agents operate on commission, meaning they get paid only if the deal closes. This creates a strong incentive to close deals at any cost, often prioritizing speed over the clients’ best interests. In scenarios where it might be beneficial for a client to walk away from a deal, an agent driven by commissions might not be inclined to give that advice.

Standard Forms

The use of standard forms in transactions is prevalent among agents. While these forms protect brokers well, they often do not offer the same level of protection to the parties actually involved in the transaction.

High Costs

Commissions can be burdensomely high, sometimes reaching up to 6% of the total sale price. This can significantly diminish the financial benefits of a transaction, especially in high-value markets like California.

Dual Agency Issues

It’s legal in California for agents and brokers to represent both the buyer and the seller in a real estate deal. Although permitted, this practice can create conflicts of interest that may not serve the best interests of either party involved.

Need a Help with a Real Estate Transaction?

Learn why hiring an attorney is almost always more cost-effective than the alternative.

How Hiring a Real Estate Attorney Can Eliminate These Issues

As a real estate attorney, I offer a fundamentally different approach that mitigates these issues.

Focused Representation

My primary obligation is to you and your interests alone. Unlike agents whose earnings are tied to merely closing the deal, I provide unbiased advice that aligns strictly with your best interests, even if it means advising you to walk away from a transaction.

Customized Legal Solutions

Unlike standard transaction forms, I tailor legal documentation to better protect your specific rights and interests in the transaction, providing a stronger legal footing.

Cost Efficiency

By charging a flat or hourly rate instead of a commission based on the sale price, I can offer significant savings, reducing the overall cost of your transaction.

Eliminating Conflicts of Interest

I ensure that there is no dual representation. You receive dedicated legal advocacy that is free from the typical conflicts inherent in traditional real estate transactions.

Case Example: Direct Home Sale Without Agent Fees

Consider a recent case where I assisted a client in selling their home directly to a buyer without involving an agent. This approach not only expedited the sale but also saved the homeowner approximately $50,000 in potential real estate commissions. This is just one example of how legal expertise can lead to better financial outcomes in real estate transactions.

Read: Bypassing Brokers: Saving $50,500 in Commissions on a Direct Home Sale

Combining Services for Comprehensive Support

While an attorney can handle most aspects of a real estate transaction, there may be situations where combining the services of both a realtor and an attorney is beneficial. For example, while I handle the legal and transactional details, a realtor could assist with the initial home staging and marketing. This hybrid approach ensures that you receive comprehensive support tailored to your unique needs.

Choosing between a realtor and a real estate attorney depends on your specific circumstances and the complexities of your transaction. If you value cost efficiency, personalized service, and legal expertise, hiring a real estate attorney like myself might be the right choice for you. 

In today’s DIY real estate landscape, the role of the real estate attorney has become more crucial than ever.

Contact me today if you are considering buying or selling property and need legal guidance. Let’s ensure your real estate transactions are as beneficial and smooth as possible.

Avi Sinai Avi Sinai started to practice law in 2011, focusing on business and real estate transactions. The driving force behind the firm’s success is a relentless pursuit creating value for our clients. Our core belief is that clients deserve a positive return on their legal fees. Avi successfully represented clients in litigation, multiple trials, countless mediations, and administrative hearings.