Real estate can be a tricky endeavor. Rarely are there any classes in high school that teach you the in’s and out’s of home ownership or the complexities of real estate law. Unless you know everything, it’s likely you have many questions about the process of working with a real estate attorney…and we are prepared to give you the answers you’re looking for. There are probably even frequently asked questions you haven’t thought of yet. There is no question too simple or too obvious to ask. Plus, these laws differ in each state so it can be confusing to keep up if you’re not an Illinois native.
Attorney Ben Weaver at 23 Legal has years of expertise in real estate law. We are here to answer the most frequently asked questions and translate mountains of legal jargon into plain English. Below, we take time to answer the most frequently asked questions about selling your home, buying a new home, or estate planning in Illinois…
FAQs: Working with a Real Estate Attorney
Q: Do you need a real estate lawyer in Illinois?
A: No, by law, you do need a lawyer to review your contract to purchase a home in Illinois. However, by law, there are a number of things that an attorney can do in the buying and selling process that, legally, a real estate agent cannot do for you.
Q: What can an attorney do that a realtor cannot?
A: A realtor cannot draft legal documents, cancel a contract, or give legal advice. Only attorneys can do those.
Q: I have a friend who is an attorney, can they represent me in the transaction?
A: Attorneys who do not practice real estate law every day will not have the same expertise in drafting the legal documents, or dealing with the other side’s attorney during the attorney review period. However, yes, any attorney can represent you in a real estate transaction.
Q: I have no idea what all this legal jargon means. How do I know what I am signing?
A: 23 Legal prides itself in translating the language of the contract, to regular, everyday wording that our clients can understand and be comfortable with. If you ever have a question about what something in a contract means, please call 23 Legal and we will gladly explain whatever confusion or uncertainty you may have.
Q: Do buying and selling attorneys interact?
A: Yes, the attorneys discuss any issues found during the inspection and will sort out the issues either monetarily or by addressing the issue. Real Estate Attorneys are well versed in the attorney review process, and are here only to represent you, and not your lender or realtor. ONLY our client.
Q: Will you be able to help ensure that I am not hit with any hidden fees by the city?
A: We will be able to contact the city, village, or municipality and make sure any bills, fines, fees, or encroachment issues are addressed and dealt with. We do this hundreds of times every year, so we know what each area needs to close on the sale and ensure your fees surprise you on the back end.
Q: I’ve heard the transfer tax documents can be complicated. Can you help?
A: Absolutely! We handle city and state tax forms, and yes they can be complicated. However, 23 Legal will handle that for you, so you have one stressor off your plate.
Q: I am looking to sell my current house and buy a new one. Can you represent both transactions?
A: Yes we can! We offer rates for a buy sale transaction, and we will help you through both closings!
Q: We recently closed on the transaction, but we have a question. Can we still contact you?
A: Please don’t hesitate to call or email us! Even after our legal relationship has ended, we will be sure to answer any questions or address any concerns about your buy or sale that are coming up.
Q: We have signed the contract to purchase a house As Is. What can you do for us?
A: An As Is purchase still proceeds through attorney review. While you will be responsible for any issues in the house that the inspection uncovers, you also still retain the right to cancel the contract within that attorney review period should the issues be more than you would like to handle. Remember, only attorney’s have the power to cancel a contract and draft a cancellation letter during the attorney review process.
Q: What else can you provide outside of house closings?
A: We can draft wills, trusts, power of attorney and other estate plan documents. Please reach out to us any time to help!
Q: Do you charge hourly or a flat rate?
A: 23 Legal charges a flat rate when we represent a client buying or selling a house. The fee is paid at closing.
Q: I have heard about a survey requirement. What is that?
A: A survey for a traditional real estate transaction mainly ensures there are no encroachment issues with the land. A professional surveyor will take care of the survey, but 23 Legal will handle the process for you!
Q: Do you handle evictions, disputes, and litigation?
A: We do not.
Q: What is your service area?
A: We routinely handle residential real estate transactions throughout Chicagoland. From Zion to Joliet and from Crete to Woodstock, we’ll be there when needed.
The 23 Legal team offers a variety of services to help our clients. We are your trusted, local experts in estate planning and real estate law. Attorney Ben Weaver is a reputable estate lawyer serving the areas of Arlington Heights, Prospect Heights, Mount Prospect, Des Plaines, Glenview, Park Ridge, Wheeling and beyond!
Are you embarking on your next real estate endeavor this year? Whether you are selling your home, buying a new one, or working on your estate plan, we’re here to help!
Do you have any questions we did not answer for you above? Please reach out: (847) 447-6004
Feel free to contact us for assistance or with any questions you have. Click here to read 5-star client reviews!
Why Choose 23 Legal
23 Legal offers Real Estate and Estate Planning legal services to individuals, families, community associations and small business owners throughout Chicagoland. We know how intimidating “the law” can be. In fact, when most people think of law offices, they think of stuffy leather chairs, huge wooden desks and pompous lawyers who charge outrageous fees. That’s not us! We believe in 1-to-1; the same lawyer should work with you all the way through. Whether you have an estate planning issue, family trust concern, or you have a legal problem in regard to a new home, business, real estate or remodel, you need a lawyer who cares. That’s where Ben comes in! We are great listeners; more than that, we are lawyers who believe that our clients always come first.
