Do I Need a Real Estate Attorney?

Do I Need a Real Estate Attorney in Ohio?

Photo Credit: Photo by Caitlin Childs

Ohio does not require a real estate attorney, but buyers and sellers often opt to include this expert on their real estate team. The extra set of professional eyes on documents along with assistance through the process can help buyers and sellers alike deal the excitement and stress of the situation.

Related: Dealing with the Stress of Selling a House

Here are a few things to keep in mind when considering this question.

1. Real estate agents cannot answer legal questions. Agents receive formal training and are required to be knowledgeable about all aspects of the transaction and process, but they are not allowed to advise on legal matters. If there are any concerns over zoning, additions, or tenants, an attorney is a good idea. If you are not comfortable with your agent for any reason, an attorney is also recommended.

Related: How to Know if Your Agent is Right for You

Related: What to Ask When Hiring a Realtor

2. The property is a short sale, in foreclosure, probate, or part of a bankruptcy. These kinds of transactions are not uncommon, but they are also more complicated. An attorney can help untangle the legal weave of documents and requirements. Often in these situations, the lender or the institution holding the deed requires an attorney.

3. The property is in a development governed by a homeowner’s association. It may be well worth the investment in attorney fees to have them review and explain the association rules particularly in regard to transfer of property. A thorough understanding of fees, dues, penalties for non-compliance, and the organization’s history will also help buyers and sellers understand their rights and responsibilities and avoid any pitfalls.

4. Non-family members jointly own the property. Ownership can become more complicated in these situations, and an attorney can help sort out the details around taxes, ensure appropriate signing, and help settle any disputes that may arise.

Related: Tips on Selling a House to a Friend

5. The property is a commercial property. Again, real estate agents are well-trained in the relevant documents and procedures, but an attorney can help sort out taxes, zoning ordinances, tenancy issues, and any other questions that may arise.

6. The property is part of an estate. Inheritance laws and deed transfer procedures can be particularly complex in these situations, especially if the person is still living or died without a will. An attorney can help navigate the situation in the best interests of everyone and may even help keep the peace in a very difficult time.

7. There is an easement or other limitation on the property. Some homes come with restrictions on what can be done with buildings or on the land because of easements or historical designations. A property may also be located in a natural disaster zone, such as a flood plain, or have a history of asbestos, lead paint, or even hazardous waste. An attorney can help buyers and sellers alike understand the situation along with their rights and responsibilities.

 

Taylor Kolon

Columbus, Ohio Real Estate Agent
Mobile: 614-600-7503
Email: taylorkolon@kw.com

Taylor Kolon’s years of experience helping people sell or find the right home taught him that his work is about more just land and buildings. It’s about hopes, dreams, and a secure future. It’s about helping individuals and families turn a challenging situation into an opportunity, and to that end Taylor listens carefully to his clients as he guides them to their goal.

A jump from corporate sales in the Ohio metals industry to real estate was only natural for this outgoing guy. As a result, Taylor brings a sharp eye for detail and well-honed negotiation skills to work for every client every time. Taylor earned his degree from Central Michigan University where he also played on the men’s volleyball team. The fast pace and the teamwork as well as the physical and mental challenge he found on the court are some of what he loves best about his work. He also understands the value of continued training and education to keep his game in top shape. Every time he hands over the keys to an ecstatic new homeowner feels like a win.

Taylor believes in the importance of community and making sure he’s giving back what he can to Columbus through various volunteer activities and membership in the Clintonville Chamber of Commerce. However, there is no denying, that his favorite way to spend his free time is with his wife, Mandy, and their daughter, Elena.

Contact Taylor today.

Contact 

Cell: 614-600-7503  |  Email: taylorkolon@kw.com