Friday, May 22, 2015 01:36pm
North Adams, MA now: 64 °   
Send news, tips, press releases and questions to info@iBerkshires.com
The Berkshires online guide to events, news and Berkshire County community information.
LOG IN | REGISTER NOW   

Home About Archives RSS Feed
Real Estate and Attorneys
By Paul Harsch On: 04:31PM / Thursday March 20, 2014
Important
0
Interesting
3
Funny
0
Awesome
0
Infuriating
0
Ridiculous
0

Here in the Northeast, attorneys are an integral part of virtually every real estate transaction from the simplest to the more complex. In other regions of the nation, however, known as title states, attorneys are much less frequently involved in the normal residential transaction. Those are handled through the real estate licensees and title companies.

The primary reason we have attorneys engaged in the real estate transactions here in the Northeast is to handle the title searches, banking and the closing documents. Could title companies do those, yes, but it is not the present customary practice in the Northeast.

In the larger metropolitan areas like Boston, Hartford and New York City, real estate brokers most commonly prepare offers but then the process is turned over to the attorneys who draw up the purchase agreements. This is a widespread practice in much of New York State but none of these practices are required under the law, they have just evolved.

In Berkshire County and over the border in Vermont, most brokers still prepare the purchase and sales agreements using forms created by boards of realtors, although some of the newer younger agents appear to be leaning toward bringing lawyers into the transaction sooner.

A real estate transaction evolves out of negotiation and then transforms into a process of handling documents and this is where the attorneys spend the majority of their time, unless of course there is some controversy or problem that arises that is legal in nature in which case, by definition, the real estate licensee must step back and allow the lawyers to handle it.

Attorneys are by training advocates for their client, they are not negotiators per se but of course some lawyers will profess to be "deal makers and not deal breakers." Nevertheless, so much rides on the personality and style of the attorney or attorneys involved as to how things turn out, whereas with the real estate licensees, their training is to do all they can to put a deal together through give-and-take negotiation. I have seen significant terms in a previously negotiated agreement changed by an attorney for one side or the other that then kills the sale. It doesn't happen very often but it can.

Attorneys often step into a transaction very far into a listing and negotiation and as such they don't know the personalities of their client very well or the history of the listing process or negotiation and thus they may be tempted to make snap recommendations or assert a view or position that is out of sync with the entire process.

Of course, clients don't have to follow their attorney's advice when it comes to optional matters but they often do, thinking the attorney somehow knows best. Some attorneys will even act without the knowledge or consent of their client because they believe they know what is best. That may or may not be the case so consider carefully the style of the attorney you select and weigh your attorney's advice just as you should weigh the advice and input from everyone your hire whether it is the real estate agent, an inspector, bank lender, or contractor.

In brief, be a fully informed and engaged consumer of all professional services.

When is it the right time to hire your attorney? Whenever you feel the need for legal advice is the simple answer or whenever you don't understand any aspect of the transaction and particularly when it has legal implications. Keep in mind that every document you are asked to sign regarding a real estate transaction is potentially legally binding and as such you need to take full responsibility for fully comprehending the document or for seeking the advice of an attorney if you don't.

Safe is far better than sorry in matters as important as these.

Paul Harsch, president and founder of Harsch Associates, a Berkshire County based real estate brokerage firm, is a licensed real estate broker in Massachusetts, New York and Vermont, serving a diverse residential, business, commercial and land client base for 40 years.



0 Comments
     
News Headlines
Holiday Hours: Memorial Day
Memorial Day Events 2015
Pittsfield Community Connection Introduces Team Fighting Youth Violence
Adams Library Rededication To Take Place Saturday
iBerkshire Tag Sales: May 22-24
Lanesborough FinCom Will Support Mount Greylock Budget Request
Dr. Merselis Awarded Honorary Business Doctorate From Antioch
McCann Tech Grad Interns on Fenway Grounds Crew
Adams Board of Health 'Blindsided' by Code Officer Cut
Pittsfield Councilors Calling For Engineering Study On City Hall

Paul Harsch, president and founder of Harsch Associates, a Berkshire County based real estate brokerage firm, is a licensed real estate broker in Massachusetts, New York and Vermont, serving a diverse residential, business, commercial and land client base for 40 years. He has achieved personal career sales exceeding $131 million and company sales from 1979 will top $500 million in 2014. Harsch is a member of the Berkshire, Massachusetts, Southwestern Vermont and National associations of realtors, is a licensed Massachusetts real estate instructor and earned the CRB, CRS, GRI and CBI designations. Harsch is a 1969 graduate of Williams College.

To submit comments, questions or requests for future blog topics write him at paul@harschrealestate.com.



Categories:
Adams Real Estate (2)
Adams Real Estate (0)
Berkshire home for sale (2)
Berkshire property for sale (2)
buying (9)
buying a home in the berkshires (1)
home buyer (0)
home buyer (0)
home buyer (0)
home owner (6)
homes for sale in the berkshires (3)
Lenox Real Estate (2)
Monterey Real Estate (2)
Monterey Real Estate (1)
Otis Real Estate (1)
Pittsfield Real Estate (2)
real estate (11)
second home (2)
selling (10)
selling a home in the berkshires (2)
Stockbridge real estate (2)
The Berkshires (2)
williamstown real estate (2)
Archives:
January 2015 (3)
August 2014 (2)
July 2014 (3)
June 2014 (1)
Tags:
Building Inspector Williamstown Ma Housing Market Legal Opinions Home For Sale In The Berkshires Home Buyers Berkshires Properties Williamstown Ma Real Estate Real Estate For Sale Williamstown Berkshire County Homes Homes For Sale In The Berkshires Boston The Patriots Interest Rates Home Inspection Medical Second Home Engineering Berkshire County Real Estate Home & Garden Trends Attorney The Berkshires Home Sellers Narh Investment Berkshire County Real Estate Million-dollar Sales Home Financing
Popular Entries:
High End Sales, Williamstown and Berkshire County
Come Home to the Berkshires | Berkshire County, Mass.
For Sale By Owner: Homes for sale in the Berkshires
The Best Small Town in America
Facilitator, Transaction Broker Agent or Unrepresented?
The Froth Is Off
The Berkshires Aren't Boston
How will your Berkshire property value fare in 2015 and beyond?
Investors Taking Advantage of the Real Estate Market
Real Estate Inspections
Recent Entries:
The Berkshires Aren't Boston
How will your Berkshire property value fare in 2015 and beyond?
Be A Contrarian
Come Home to the Berkshires | Berkshire County, Mass.
For Sale By Owner: Homes for sale in the Berkshires
The Best Small Town in America
The Froth Is Off
Do You Want to List Your property or Sell it?
The Home-Buying Process in 12 Easy (?) Steps
Selling or Buying Real Estate Is Just Like Buying a Loaf of Bread


Lacrosse: Pittsfield at...
Brendan Leary led the Pittsfield boys lacrosse team to a...
T&F: Quad Dual Meet
Mount Greylock's track and field team hosted three other...
Baseball: Wahconah at...
"It was really cold out today, and I had to heat up my...
Baseball: Hoosac Valley at...
Abel changed all that with one swing of the bat, drilling a...
Cooperstown NY Hall of Fame...
Wahconah; Pittsfield; Hoosac Valley; Taconic
SB: Hoosac Valley at Lenox
Megan Goyette pitched a two-hiter and Kali Puppolo went...
Senior Citizen Prom 2015
Drury High School Sociology Classes hosted the Senior...
T&F: Drury @ Hoosac
The Drury girls took the last track and field events Friday...
T&F: PHS @ Taconic
Jay Doucette won the 100 meters and shot put and placed...
BArT Prom 2015
Berkshire Arts & Technology Public Charter School held its...
Drury High Prom 2015
Drury High School held its prom at the school on Saturday...
Lenox Prom 2015
Lenox High School students were announced as they made...
Mount Everett Prom 2015
Mount Everett School held its prom at Crissey Farm in Great...
MCLA Graduation 2015
The Massachusetts College Of Liberal Arts Class of 2015...
Spring Neighborlies 2015
The Northern Berkshire Community Coalition had its...
UNO Community Center Opens
The United Neighborhood Organization (UNO) in North Adams...
Lacrosse: Pittsfield at...
Brendan Leary led the Pittsfield boys lacrosse team to a...
T&F: Quad Dual Meet
Mount Greylock's track and field team hosted three other...
Baseball: Wahconah at...
"It was really cold out today, and I had to heat up my...
Baseball: Hoosac Valley at...
Abel changed all that with one swing of the bat, drilling a...
Cooperstown NY Hall of Fame...
Wahconah; Pittsfield; Hoosac Valley; Taconic
| Home | A & E | Business | Community News | Dining | Real Estate | Schools | Sports & Outdoors | Berkshires Weather | Weddings |
Advertise | Recommend This Page | Help Contact Us
iBerkshires.com is owned and operated by: Boxcar Media 102 Main Street, North Adams, MA 01247 -- T. 413-663-3384 F.413-664-4251
© 2012 Boxcar Media LLC - All rights reserved

Privacy Policy| User Agreement