For Sale by Owner (FSBO): Why do I need to use an Attorney? Why can’t I do it myself with forms I find online or that are given to me by my friend who is a real estate agent?

We are sometimes asked why a seller who is attempting to sell their home on their own needs to hire a real estate attorney and/or a real estate agent.  They wonder if they need a lawyer or attorney to help with a For Sale by Owner sale in California.

The simple answer is an obvious and resounding yes.  I have heard and seen too many horror stories of things gone wrong when a seller who is not sure of the steps and process to sell their home does so without any legitimate guidance.  Any seller needs someone in their corner when selling real estate in California.   I would not let any of my family or friends sell a home on their own.

Having the documents prepared, reviewed and discussed by a real estate attorney is the only safe way to buy or sell real estate in California.  Especially when it is a For Sale by Owner transaction as the litigation rate for these transaction is much higher than that of standard sales when a seller does not have the right representation.

Full Service For Sale by Owner Package

I offer a full service legal package for sellers/buyers includes legal contacts, including purchase agreements, negotiations, counter-offers, amendments, addendum, and required and necessary disclosures to make sure that the parties are adequately protected from liability.  The package also includes full lender, escrow and title coordination including reviewing the preliminary title report, escrow instructions, closing statements and escrow amendments, working with escrow and staying on top of all contingency periods and timelines with the different parties to make sure the closing happens in a timely manner and in accordance with the contracts.  Lastly the package also includes legal advice regarding estate planning and how title to the property should be held.

Real estate law and transactions involving real estate property in California are complex and even minor oversights can have significant consequences even years down the road.  Given the major increase recently in California real estate prices and a tight inventory this means that sales activity is happening more quickly than usual. This quick pace often means that complications, oversights, errors and mistakes are happening in the agreements, the process, contracts, escrow instructions, especially the For Sale by Owner sales done without real estate attorneys.

Buying and Selling Real Estate is Not That Simple

Buying and selling real estate is a large investment and important decision; it is foolish to attempt this process on your own without the right representation. The right representation is an experienced real estate attorney and real estate broker with hundreds of transactions of experience under their belt.  For the reasons mentioned above buyers and sellers should not simply rely on themselves or real estate brokers or agents alone to prepare documents and provide advice on the legal aspects of the transaction.  Real estate agents and brokers do not have the same training or experience as a real estate attorney in the legal and liability aspects of the transaction and legally they are prohibited from counseling you on what the contracts mean, how to fill them out and of course are prohibited from giving you any legal advice.

Experienced For Sale by Owner (FSBO) Real Estate Attorney

I have provided advice and guidance in California for all types of real estate sales and escrows in both commercial and residential real estate, negotiated hundreds of short sales, facilitated many successful for sale by owner sales, assisted and advised on short sale and foreclosure maters, as well as review and preparation of California purchase agreements, offers, counter-offers, addendum, disclosure documents, escrow instructions, co-owner, investor, joint tenant, tenancy in common, community or separate property, quit claim deed, real estate disputes, quiet title, easement, fence and boundary line disputes, etc. 

Highly Rated and Experienced California Real Estate Broker Attorney and Lawyer handling For Sale by Owner (FSBO) Real Estate Sales

Please call, email or use the contact form on the right today to schedule a complimentary attorney consultation.  The For Sale By Owner (FSBO) service is provided electronically and by phone, so I can efficiently serve clients in any California county – presently I am accepting clients throughout Northern and Southern California. With substantial legal and real estate experience, I am able to provide value where most agents and attorneys alone simply cannot, this is the benefit of hiring an experienced real estate attorney who is also a licensed and practicing real estate broker. This is a combination that is hard to find but important to have on your side.