I just had a deal go bad because of a lawyer.  This is not to say that all lawyers are like this, but this is what happend in this particular case.  A client was trying to purchase a home as an investment, and everything appeared to be moving along just fine, until the seller asked to have a lawyer look at the contract.  The original contract had been written up on the standard TN real estate contract, and nothing was out of the ordinary.  There was an inspection contingeny, as well as appraisal and financing contengincies.  By the time the lawyers had rewritten everything, it had been completely changed and was put into an entire new contract.  The problem was that they had changed everything to benefit the seller.  They wrote that the buyer was completely obligated to go through with the purchase with no contingecies and without a professionsal inspection of the home's condition.  They also stipulated that the seller could get out of the contract for any reason and only have to return the buyers earnest money.  It sure sounded a little one sided to me.  After trying to negotiate on some of the conditions, the sellers wouldn't change anything.  Obviously, that killled the whole deal.  What would have been a quick and easy transaction was turned into a long drawn out process that lead no where.  Hopefully this will help some folks out there who are considering having an attorney rewrite a whole contract that is unfair to one of the parties.

Thanks,
Chris Haynes

www.besttnloans.com

 
This post has been included in Tennessee Information

8 Comments on Real Estate Lawyers

FEB
07
2008

That is not surprising. The attorney is being paid a fee by the seller; therefore, the attorney will slant all verbiage in the seller's favor. There are two sides to every issue and it requires a "meeting of the minds" from all parties to complete a successful transaction.

 

12:20pm • #1
1 Featured Post
Just lost one myself because of a lawyer not liking the terms.
12:21pm • #2
147,548 Points 6 Featured Posts Outside Blog

The lawyer was doing his job, but he should have also pointed out to his client that all of these terms are subject to negotiations and that while in a perfect world the other party would accept all of the terms that he/she was putting in to the contract, that it would be unrealistic to expect the other party to do so.

While we're not supposed to disparage the use of an attorney, your situation is a perfect example of why not to take the attorney's word as gospel!

 

Bob Mitchell

ValueList Real Estate Services, Inc. 

12:24pm • #3

I think Bob Mitchell hit the nail on the head.  The lawyer is obligated to protect his client to the best extent possible.  While it is unlikely for the buyer to blindly agree to all those changes, that is why there is a negotiation process.  The fact that the negotiation process broke down so quickly seems to be a problem with educating both parties about realistic expectations.

12:37pm • #4
No one should ever sign a contract if the seller refuses to allow a contengency of a inspection.  It's like a buying a used car without driving it first.  You have to let me look under the hood and take it for a spin before I pay you for it.  That's just my $.02
2:30pm • #5
3 Featured Posts
I can't even begin to tell you the problems we've come into when an attorney gets involved in the deal. Again, not all are bad, just like not all brokers or Realtors. The problems that we've had from the attorney's are the ones who don't specialize in Real Estate. Why waste your money on someone who doesn't specialize in that particular field? In that sense, how could you protect your client?
2:57pm • #6
MAR
15
2008

Two questions; 1) I (buyer) submitted a written proposal on a TAR standard form and addded some contingencies. The seller countered my offer with a fair price that I am comfortable with. The problem is they say I cannot alter any language at all and my addendum seems to have been eleminated. I am uncomfortable with some of the language and it is largely slanted in favor for the seller. Can I change terms on a counterproposal?  2) When I submitted the initial purchase and sales agreement I attached an addendum A which I also signed. I do not know if the seller signed it or not. If they signed, the counter proposal language controls anway. I want my addendums to be in effect. Can I submit a nother addendum to the counterproposal?

9:24pm • #7
MAY
17
2008

As an attorney i feel the need to comment on this issue.  The reality is what most people are paying an attorney for is liability insurance.  If something goes wrong they can come after the lawyer for missing it.  This is why most lawyers won't offer "quick" consults with straight answers, its just not worth the risk.  I was a Mortgage Broker before becoming an attorney so please understand I don't think all buyers and sellers should rush out and hire a lawyer.  It is however some of the cheapest insurance a person can get, even at $300/hr.

11:39pm • #8

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CHRIS HAYNES

Brentwood, TN

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Peoples Home Equity Inc.

Office Phone: (615) 236-1285

Cell Phone: (615) 945-3994

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