When Should You Consult an Attorney During a Real Estate Transaction?

Buying or selling a home is one of the biggest financial transactions most people will ever make. While a trusted realtor can guide the marketing, pricing, negotiations, and sale process, there are times when consulting a real estate attorney can provide important additional protection. In this segment of the Trusted Transitions Radio Show, host Mike Schuch speaks with Michelle Fitzgerald of Horizons Law Group about when legal guidance may be helpful during a home sale or purchase.

One common reason to involve an attorney is when a dispute arises. This may happen after a home inspection, during negotiations, or if a buyer or seller disagrees about the condition of the property. If realtors are unable to help both sides reach a resolution, legal counsel can help clarify rights, responsibilities, and next steps.

Another important topic is the real estate condition report. Sellers may be tempted to leave out past issues if they believe the problem has been fixed. However, Michelle emphasizes that disclosure is often the safer path. If there was a water issue, foundation concern, repair, or other significant item—even years ago—it may be wise to disclose it and provide documentation. Transparency can help protect sellers from future claims that something was hidden.

Buyers also benefit from knowing as much as possible upfront. A thorough condition report, paired with a professional inspection, helps buyers make informed decisions before moving forward.

The conversation also covers how a property is titled. The name listed on the offer to purchase often determines how the deed is prepared. For married couples, trusts, or estate planning purposes, it may be important to have the deed worded correctly. An attorney can review the details and help prevent problems later, especially if one spouse passes away or if the property should eventually be transferred into a revocable living trust.

Legal guidance may also be helpful when reviewing title issues, easements, listing contracts, commission terms, or unusual contract language.

The key takeaway is that realtors and attorneys can work together to protect clients. A realtor helps guide the sale or purchase process, while an attorney can provide legal advice when questions, disputes, or estate planning considerations arise.

Trusted Transitions is hosted by Certified Seniors Real Estate Specialist Mike Schuch | Homestead Realty | www.homefinderwisconsin.com.