How Real Estate Lawyers are Different from Real Estate Agents

Balboa Island

Two differences between real estate agents and Real Estate Lawyers

We are licensed Real Estate Brokers, licensed Real Estate Agents and have the renowned Realtor® title too, but first and foremost, we are experienced Real Estate Lawyers.  As real estate lawyers, we are able to – and legally required to – provide representation to our clients that is far more sophisticated than what you’ll get with a real estate agent who is not also a real estate lawyer.

Duties to Clients; Protecting a Clients’ Interest.

The vast majority of real estate agents are ethical and do their absolute best by their clients, but by law, an agents duties to and for their clients are limited.

On the other hand, lawyers have clear and unequivocal duties to their clients that cannot be compromised. Moreover, unlike real estate agents that often times work both sides of the street simultaneously, lawyers certainly won’t (and can’t) represent both the buyer and seller in any buy/sell transaction. The client’s interests must be paramount, without any question or doubt.

In a transaction of hundreds of thousands of dollars (or millions for the majority of our clients) Who would you rather have on your side?

Legal Counsel and Advice

Real estate agents are only authorized to fill in pre-printed forms that were drafted and approved by a lawyer.

Agents are not supposed to provide legal counsel to a client (though many walk a fine line), so they’re not authorized —or trained— to explain these same contracts and legal terms to you. Almost every real estate transaction has one or multiple unique situations and requires some language added to a contract. Real Estate agents are barred from adding such language.

When it comes to title issues, real estate agents are not equipped to help you either. They cannot give clients any opinion on the condition of title or the significance of the information in a preliminary title report and how it may affect you. That puts BOTH buyer and seller at risk that could come back at you months and years later. Real Estate agents are not permitted nor equipped to advise you as to how you might take title or assist you with estate planning and how those decisions might negatively affect you tax-wise for years or decades to come. The consequences may cost you and your heirs significant losses to your equity, savings and overall estate.

California State Bar MemberLawyers have been trained and authorized to practice law.  Our education requirements consist of a four-year college degree plus a three-year graduate degree from law school plus passing a grueling multi-day bar exam, widely known as the toughest bar exam in the nation. We are required to take continuing education and many of us have added other specialties to our practice such as becoming Certified Public Accountants (CPA’s) for the benefit of our clients.

If you have a question about your sales contract, we can answer it. If you are concerned about a special aspect of the real estate transaction, we can help you: legally. If you are worried about a defect in title, we can address it.  A non-lawyer real estate agent can not. Period. If they were prudent and competent (some are not)  they would appropriately advise you to seek out and pay for an attorney to assist you. Here at Bespoke Realty, Inc. your bases are all covered.

It’s only common sense to hire lawyers for real estate who are able, authorized, and obligated to fully protect your legal interests.

What’s your Real Estate challenge and how can we help? (949) 735-0802

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