A real estate agent can help you buy or sell a house — and so can a real estate lawyer. So why hire one when you have the other?

Real estate agents and real estate attorneys may have some overlap, but they can help facilitate your residential or commercial real estate transaction in different ways. Your real estate agent is there to guide you through the purchase and closing, while your attorney works to protect your interests and ensure the legal viability of contracts.

Here’s a closer look at the differences in the role of a real estate attorney vs. agent — and why it’s wise to hire a lawyer even if you already have a real estate agent.

Understanding How Agents and Attorneys Work Together

Your real estate lawyer and real estate agent are both key players in your real estate transaction, but they have somewhat complementary roles. Generally, a real estate agent is most active in the early stages of the process.

A good real estate agent has a solid grasp of the local market. They can discuss your needs and budget and help you find potential options. Because they have a deep understanding of local property values, agents can help you negotiate a fair price or determine how much to offer on a particular property.

Real estate attorneys usually come in once the price has been agreed upon. They are responsible for identifying any potential title issues and ensuring legal documents are valid. These professionals can also draw up or review contracts between buyers and sellers.

It’s important to note that agents are only paid when the transaction goes through, and attorneys are paid no matter what. This means that attorneys are often more meticulous when looking for potential issues that may impact closing.

Differences in Training and Authority

When you’re comparing the benefits of a real estate attorney vs. agent, it can be helpful to understand the training differences that set them apart. Real estate agents must take real estate courses, complete instructional hours, and pass an exam.

On the other hand, real estate lawyers must earn a law degree before practicing, so they have more legal authority compared to real estate agents. Because real estate law is such a specific area of the law, many of these attorneys practice under more experienced real estate lawyers when they’re starting out.

Legal Protection Beyond an Agent’s Scope

Legal issues in Ohio home sales can arise when you least expect them to. You can’t erase the possibility of legal problems, but you can equip yourself with the resources needed to deal with them.

Perhaps the most important scope difference between real estate attorney and agent tasks may be an agent’s legal authority. For instance, real estate agents are familiar enough with the industry that they can usually tell you whether a contract is favorable or not.

However, real estate lawyers have the legal authority to review and draft those contracts. Because of their deep legal knowledge, they can spot potential contract issues that even experienced real estate agents might miss.

If you’re a seller who needs a fully customized home sale contract, you’ll need a real estate attorney. Your agent might be able to put together a purchase agreement, but generally, only attorneys may create contracts from scratch.

Situations Where Legal Expertise Is Critical

There are many benefits of hiring a real estate attorney in Cincinnati, but in some situations, legal help is more crucial than in others. If you’re not sure when to hire a real estate lawyer in Ohio, these are some scenarios that particularly call for hiring an attorney.

Your Lender Requires a Lawyer

Ohio law doesn’t require you to have an attorney when buying or selling real estate. However, certain lenders will request that you work with an attorney.

You’re Buying or Selling Commercial Property

Any real estate transaction will likely involve a complex contract, but commercial real estate sales are often even more complicated. Whether you’re a buyer or seller of a commercial property, an attorney can help make sure your interests stay protected, and you’re compliant with relevant state and local laws.

You’re Buying a Foreclosure or Short Sale Home

Foreclosure sales and short sales happen when a homeowner is unable to keep up with their mortgage obligations. Both types of sales can potentially allow you to save a considerable amount of money on your purchase, but they also can come with unforeseen complications.

You’ll also likely have to deal with both the seller and their lender. A real estate attorney can handle any negotiations and help you avoid potential pitfalls during the transaction.

You’re Dealing With Title Issues

Before a home or other piece of real property can be sold, the seller must be able to get a clear title. This means that the title must be free of problems, or “defects,” like these:

• Liens
• Boundary disputes
• Judgments
• Public records errors
• Potential forgery or fraud

It can be disappointing to start on a home purchase only to discover that title encumbrances may derail your plans. But title issues don’t automatically mean you won’t be able to buy the home. An experienced real estate attorney can assess the problems and tell you if they can be remedied.

You’re Buying a Home With Potential Environmental Problems

Some homes come with environmental hazards like mold and radon that are expensive and difficult to mitigate. These hazards can reduce the value of a house and put buyers in danger. Your lawyer may be able to negotiate the price accordingly or help you and the seller create a plan for remediation.

The “For Sale by Owner” (FSBO) Scenario

Real estate agents often take sizable commissions. If you’re selling your home and want to maximize profit, you might want to offer it as a for sale by owner (FSBO) property.

This scenario could save you thousands of dollars. Keep in mind, though, that when you sell your home as an owner, you assume all legal responsibility for the sale. Ohio law requires you to provide a property disclosure form, and you must verify that there are no liens or other defects attached to your home’s title.

By definition, “for sale by owner” property transactions don’t involve a real estate agent. Still, they can and should involve real estate attorneys.

Your real estate lawyer can draft contracts, create all necessary disclosures, identify title issues, and help you avoid serious headaches later. If you make a mistake during the closing process, you could potentially face costly, stressful, and time-consuming legal action from the buyer.

Skilled real estate lawyers can quickly spot common mistakes and help resolve them before they start to cause problems. Lawyers are generally paid a flat fee as opposed to a commission, so you’ll likely spend less than you would if you hired a real estate agent.

Choosing the Right Support for Your Real Estate Goals

You might wonder, “Do I need a lawyer to buy a house in Ohio?” While state law doesn’t specifically require you to retain a lawyer, a seasoned real estate lawyer can protect your interests in a way real estate agents simply cannot.

If you’ve already hired a real estate agent, you might not want to pay for an attorney as well. However, in many cases, hiring a lawyer is an investment that pays for itself. Your lawyer may identify a previously missed title defect, negotiate contract terms that save you money, and otherwise look out for your best interests.

If you’re trying to decide between a real estate attorney vs. agent, remember that you don’t have to choose one or the other — you can work with both.

Review of Contracts

You may have heard other buyers or sellers mention getting an “attorney review of real estate contract” in Ohio. Even if you don’t hire a real estate attorney to represent you through the entire purchase process, it’s vital to consult one for this step.

Reading through the contract yourself is important, but nothing can replace a real estate lawyer’s knowledge. Your attorney can identify problematic or even illegal clauses and ensure the contract protects your interests. If parts of the contract are unfair, your lawyer may be able to negotiate better terms.

The Attorney’s Role at Closing

What does a real estate attorney do at closing exactly? Attorney review for real estate contracts in Ohio is important, but it’s not the only task your lawyer can accomplish for you.

A real estate transaction is far more complex than selling a car or other smaller pieces of property. Liens and other title encumbrances must be resolved, the transaction must follow all applicable laws, and funds have to be securely transferred from buyer to seller. During closing, your real estate lawyer can help with these steps.

Let Us Assist With Your Real Estate Transaction

The purchase of real property is complicated enough on its own. However, if the sale is completed improperly, you may run into even more challenging problems down the line.

At Linn Legal, our team is deeply familiar with Ohio real estate law requirements, and we’ve helped countless buyers and sellers through every step of the sales process. Whether this is your first sale or just one of many, you can rest assured that we are committed to safeguarding sellers and protecting buyers in Ohio real estate transactions.

If you want to discover the peace of mind that comes with knowing your real estate transaction is legally sound, contact us today to book your free consultation.