Yes, you should have a lawyer for an Ohio real estate transaction. Real estate law refers to both statutory and case law. It affects the ownership, purchase and sale of real estate.
Q: Do I need a real estate lawyer when buying or selling property in Ohio?
Yes. There are many reasons why you should have an experienced real estate lawyer helping you with your transaction. For example,
- A real estate lawyer can make sure that when you take ownership of real estate, you do not have a title defect related to that real estate.
- In real estate, if the purchase or sale is not done correctly it can have catastrophic financial ramifications.
- To buy or sell real estate without legal counsel is asking for trouble because there are many unforeseen issues in complicated, high-value transactions in Ohio.
As an example of the benefits of a good real estate lawyer, we have had many cases where people get into disputes over how sellers have disclosed information in the Real Property Disclosure Form as well as issues of clear and marketable title. It’s important that you’re getting good title when buying a piece of property. Further, if you are selling a piece of property, you need to ensure you’re disclosing what is required of you.
It’s always prudent to get your attorney involved early so that your real estate transaction is done appropriately. It’s much more difficult when you do it yourself or don’t do it properly, and the attorney has to undo or try to fix the situation.
It can be cheaper to get a real estate lawyer involved early. Sometimes people try to cut costs in the beginning and then end up spending more money when there is a problem later.
Q: Am I required to have an attorney for a real estate matter?
There is one instance that requires you to have an attorney, and that is when a landlord is a corporation. When a landlord/corporation is trying to evict someone, they cannot represent themselves.
The landlord personally cannot represent the corporation, because if they represent a corporation, they are practicing law without a license. Only an attorney can represent an entity in a court of law.
However, even though you are not required to have a real estate attorney for most real estate matters, you should still seek legal assistance.
Learn more about real estate in Columbus, Ohio.