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Is Using A Lawyer To Buy Your Portland Metro Home Better Than Using A Buyer's Agent?

By
Real Estate Agent with Premiere Property Group,LLC Portland Metro & Suburbs Oregon

Is Using A Lawyer To Buy Your Portland Metro Home Better Than Using A Buyer's Agent?

I received a sign call yesterday on one of my Portland listings, and after asking the pre-requisite questions like "Have you started the pre-approval process?" and "Are you currently working with an agent?"  we agreed to meet at the home later that afternoon.

Portland Oregon SignAt first contact, I handed him the Initial Agency Disclosure Pamphlet that by law we need to give as well as the MLS client full on the home. He looked at the disclosure and said" Oh, I don't need that, I'm a lawyer". Oh..um..OK. It turns out he was representing the woman that I thought was his wife for the purchase.

I asked why they weren't using a buyer's agent to look for their Portland home and the woman said she was paying her lawyer to do this. I explained that using a buyer's agent is not only in their best interest as the buyer is not paying anything for their representation in most cases, but they also have a key!

Her lawyer was calling up the listing agents asking to view the home. I'm not sure if they are recent to Portland as he mentioned he was from the east coast area and the discussion was shut down quickly. They weren't interested in listening to me as they were pretty set on going this route.

What I couldn't tell them since they shut me down was that his client was most likely at a disadvantage with him representing her. Not only can we not pay him the co-op fee as he is not a licensed agent in Oregon, but it also wasn't clear whether he was familiar with Oregon's real estate contracts..or using them when offering on a home.

I know if I'm representing a seller and I received two offers on the same property, one byShopping cart with home inside a co-op agent and another by a non-co-op agent lawyer who is asking to take the co-op commission off the sales price (this has to be the reason), I would more likely want to work with the co-op agent before a lawyer.

Maybe I'm missing something here, but it seems like this buyer is at a disadvantage by paying her lawyer when she doesn't have to, and by not hiring a buyer's agent to work with and for them to find properties and set appointments. She can still have her lawyer look over all the documents before signing.

Of course it's not required to use a buyer's agent, but why would you not want to have your own representation and have your offer put forth in the best light it can be?


Is Using A Lawyer To Buy Your Portland Metro Home Better Than Using A Buyer's Agent?


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Knowledgeable, Approachable, Service Oriented

Cindy Westfall ABR,GRI

Premiere Property Group,LLC

5000 Meadows Rd., Ste. 150, Lake Oswego, OR 97035

Cell: 503-819-5241      

E-Mail: cindy@cindywestfall.com

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 Cynthia Westfall is licensed in Oregon State

 

Adrian Willanger
206 909-7536 AdrianWillanger-broker.com - Seattle, WA
Profit from my two decades of experience

Cindy-I've never encountered this type of representation. I've had them review the contracts but never show  and present offers. Very interesting. 

Aug 30, 2012 02:26 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Adrian, Typically we will use real estate lawyers for estate and trust accounts...or other litigation issues, but like you said, not to represent buyers in a transaction. I wonder how many great homes she's not seeing because she is using her lawyer instead of a buyer's agent.

Aug 30, 2012 02:50 AM
Debb Janes
Nature As Neighbors - Camas, WA
Put My Love of Nature At Work for You

Odd situation. My husband is a lawyer, although, focuses on technology, and doesn't practice. This sounds very odd and not really very smart either. Unless the guy specializes in Real Estate law, there is a lot he can't know...

Aug 30, 2012 03:35 AM
Rosalie Evans
Meritus Group Real Estate - Sioux Falls, SD
The Evans Group, Sioux Falls, SD Homes For Sale

I would think that using a lawyer when you don't need to would make the other side very ill at ease! It would certainly make me leery! 

Aug 30, 2012 03:35 AM
Catherine Ulrey
Keller Williams Capital City - Salem, OR
Equestrian and Acreage Property Specialist

If she really wanted her lawyer, she could have had a buyer's agent AND her legal help available.  Their loss.

 

Aug 30, 2012 04:16 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Hmmmmmmm . . . if the lawyer is not an Oregon attorney, they're really pushing the envelop on that.  Maybe he has a "power of attorney" which anyone can have.  But for a lawyer to "represent" clients in Oregon they need to be licensed in the State of Oregon.  What a weird set up.   They would also have no claim to a BAC since they're not members of the RMLS.  Really strange.

Aug 30, 2012 04:26 AM
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Cindy, then, of course there's the option of hiring a local broker/attorney.  

I'm unsure why Doug Rogers (#3) is so quick to insult buyer's agents.   Not all attorneys who pass the grueling 18 hour bar exam in California and chose to represent buyers find it a lowly task.   I also practice real estate law and handle broker liability issues, neither of which is any more special brokering transactions.

You make an excellent point, Cindy.  Whenever a buyer's representative has neither MLS nor access to homes, I imagine it's difficult to give a buyer full market exposure, having to rely on the good graces of listing agents. 

Brian

Aug 30, 2012 04:27 AM
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

I realize that in some parts of the country lawyers in real estate transactions are common and in some cases required.  Thank the almighty that is not the case in Florida.  We use title companies whenever possible.  If someone wants to use a RE attorney of course they can but we have found attorneys slow down the process, never close on time etc etc.  Sorry to all the attorneys reading this but for the simple real estate transaction give me a title company any day of the week.

Aug 30, 2012 04:28 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

I agree with you 100%!  Being fully represented by someone who really knows the market is essential.  An attorney does not have the real estate expertise unless they are in the biz on a daily basis. 

Aug 30, 2012 06:46 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Cindy:

Since the attorney was from back east maybe he didn't know that attorneys are not used in the escrow process.  You are right, unless he is licensed in your state he can't receive a commission, he can't see the MLS with comps.  Not a good idea.

Aug 30, 2012 09:02 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Debb, I honestly don't think the buyer realizes what she is not getting and I feel for her. If she's looking at homes closer in, then she'll need to be aggressive or she be losing out on nice homes..especially if she's under the $300K price range. I tried to explain that she would be better working with a buyer's agent and could still have her lawyer look things over...but the way they were looking at me was like I was trying to sell them swamp land in Florida. Shame.

Hi Rosalie, That would be my thought as well. It's hard enough when you're working with a co-op agent that is familiar with the documents and procedures.

Hi Catherine, I tried to explain that to them...but that's when they shut me down! Love your picture!

Hi Carla, this is a first for me to encounter a lawyer that called me to set up a showing. I thought he was the buyer as he never mentioned this up front. When I asked if he was working with a buyers agent, he didn't clarify to me at that point that he was the person representing the buyer. We never did get to the point of chat on whether he was a local lawyer or not. To me, he was not doing his "client" a great service..and is most likely putting her at a huge disadvantage if he's submitting offers. Strange is right!

 

 

Aug 30, 2012 10:42 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

How very strange.  What kind of representation are they getting?  While in my state attorneys do the title work and closing that's after the BA has negotiated the contract.

Aug 30, 2012 11:00 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Brian, that would be what I would call a win/win! Not having access to the MLS is a huge negative for his client. It seems like he is finding the properties online through some source and calling up the listing agents to see the homes. Not being upfront when he made the appointment and then quickly saying he and his "client"  didn't need to see my disclosures because he was a lawyer is not the best way to work with other agents.

Hi Chris and Dick, I am thankful that we use title companies here in Oregon as well. I've been in some dicey transactions where the sellers and buyers are not happy with each other. I give the agents that have to sit in the same room at closing with not only both parties but the other agents and lawyers a lot of credit! Instead of a closing that should be pleasurable, there is always the chance with so many personalities in one room that it can be the opposite!

Hi Paula, exactly! Just from my conversation with him, he didn't know the area well. He might be very well meaning, but not having local expertise and access to the MLS only hurts his client.

Hi Evelyn, this is a perfect example of how things are different in other parts of the country and one should look into this when making one of the biggest purchases they will probably have.

Aug 30, 2012 11:02 AM
Mike Yeo
3:16 team REALTY - Frisco, TX
That is crazy and strange. How much of the process does the lawyer know. He may know how to read the standard contract but what about other knowledge about the area? Good luck to that couple.
Aug 30, 2012 12:18 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Cindy:  First of all... regarding the lawyer from the east coast, and the differences between what he knows, and the Oregon Association of Realtors contracts... he is out of his element.  It's like having a brain surgeon doing a heart transplant.  Very different.

Also... when you showed him the Initial Agency Disclosure Pamphlet, and he said he didn't need it... I would have asked him to write at the bottom that he was a lawyer, and didn't need to read that, and then have him sign it.

That does two things.  It shows him you are "on to him"... and it also covers your cute lil butt as far as your being required to give that to the buyer by your Association.

Aug 30, 2012 01:29 PM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Tammy, Strange indeed and sadly I don't think this woman was getting very good representation at all.

Aug 30, 2012 01:47 PM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Mike, He didn't seem to know the area well either which I got when he found out I was from the east coast and got chatty.

Hi Karen Anne, It's funny, he refused to take it but the buyer said "oh..I'll take it" ...this is when he said he was representing her as a lawyer. I like your idea of having him sign it.. I doubt he would have though since he shut me down quite quickly when I asked curiously why they weren't using an agent. She did hand the disclosure back to me when they left which is a shame ...she really needed to read it. She is really not doing herself any favors by using him..but my guess is that they are relatives or friends..and new to the area so think this is a good way to go about getting a good deal on a home.

Aug 30, 2012 01:57 PM
Mary Stewart
HomeTrust Real Estate, LLC, Homes for Everyone - Wilsonville, OR
Wilsonville and Surrounding Portland Metro Areas

Cindy, this is so interesting and does not sound like it is to the best interest of the potential.  I wonder what "legal" things they had between them, was he just her lawyer or did he control her funds.  Must be things that were not disclosed but she sounds like she is in a bind with him at the helm.  Does make you wonder.

Aug 31, 2012 08:37 AM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Hi Cindy,

A buyer and an attorney.

She will pay him a few thousand dollars out of her pocket, lose out on a number of deals, then blame real estate agents like you!

Phil

Sep 01, 2012 02:56 AM
Cindy Westfall
Premiere Property Group,LLC Portland Metro & Suburbs Oregon - Tualatin, OR
ABR,GRI Your Tualatin & Portland Metro Real Estate

Hi Mary, This one still has me scratching my head as to what the buyer is thinking.

 

Hi Phil, I am feeling for her, but you're right, we will all be the bad guys!

Sep 06, 2012 08:39 AM