Legal Question in Real Estate Law in Massachusetts
Real Estate
When selecting an real estate attorney. What questions should I ask? (Seller of the house)
3 Answers from Attorneys
Re: Real Estate
Representing the seller of real estate is relatively straightforward, and most attorneys with even modest real estate experience should be able to handle your matter well.
In selecting a lawyer for this (or probably any) matter, you should primarily be comfortable with (1) the lawyer as a person, (2) the attorney has the time to devote to your matter and do a good and thorough job, (3) their degree of prior related experience, and (4) the cost for the same work as compared to the cost of other similarly-experienced attorneys in or around the same location.
If you wanted to be especially diligent, you could ask the lawyer to provide some client references who you could call for recommendations about the lawyer's work on previous matters like yours. Finally, you should probably confirm that the attorney has malpractice insurance; although I would recommend you make clear you ask not out of distrust, or because you're looking for someone to sue, but because you're just covering all the bases.
Re: Real Estate
Representing a Seller in a real estate matter is rather straight forward. Most attorneys can handle such a thing for you for a reasonable fee.
You should be confortable with him or her and ask for their experience in handling such matters.
If you go to the Massachusetts Bar Association web site they have an article describing the Seller's attorney's role. Which primarily deals with making sure you are protected under the Purchase and Sale Agreement and dealing with any title issues that may arise during the sale.
Please feel free to contact me if you have any questions.
Re: Real Estate
You might want to inquire how many transactions the attorney has been involved in. Once they get beyond twenty or so, they have developed a certain amount of experience. If they are representing you on an hourly fee basis, you would want to know what their hourly fee is, and if they are representing you on a flat fee basis, you would want to know how that compares to an hourly basis. You should also ask them whether they do the work themselves, or hand it off to a paralegal or associate.
In the end, there is a balancing test between costs, quality, and experience. You may wish to shy away from attorneys who charge based upon a percentage of the transaction amount.
Please feel free to contact our office if you have further questions.