Should you hire a lawyer when buying or selling a home? Depends – do you want to reduce your risk?

Example-of-Encroachment

As long-time readers know, I have been promoting the idea that attorneys should be involved in real estate transactions for about eight years (boy, time flies!). And it took me a looooong time to understand the difference between blogging and shameless self-promotion. I think I’ve learned, and hopefully I strike the right balance and tone here, […]

An Open Letter to Glenn Kelman, Redfin CEO, on the “Discount Real Estate Broker” Model

Glenn Kelman

Dear Glenn: I’ve been following Redfin since its launch in 2006.  The year prior I started my own law practice focused on residential real estate.  I soon realized that I could provide the legal services needed by a home buyer or seller for a fee significantly less than 3%. Moreover, by 2005 it was apparent […]

Have you ever heard, “Don’t worry, it’s just paperwork” from your Real Estate Agent?

Paperwork

Recently some good friends of mine decided to buy a home.  Such good friends, in fact, that we mutually agreed to keep business and friendship apart so as to not create any problems on either end.  So they didn’t use my services.  Instead, they first used a “discount” agent affiliated with a large, local real […]

Real Estate Negotiation Skills: What Are They And Who Has Them?

The Negotiator

It’s not hard to find real estate agents who hold themselves out as “expert negotiators.”  There is even a certification – Certified Negotiation Expert, or CNE – that agents can obtain to further enhance their skills and reputation.  But really, what makes for a great negotiator when buying or selling real estate?  And who has […]

BofA HAMP Loan Mod Program: A Giant Fraud at Homeowner’s Expense

HAMP

Earlier this morning, I came across a very interesting statement made by a BofA employee in a lawsuit against the bank regarding its “participation” in the Home Affordable Modification Program (HAMP).  A “declaration” is a statement made under penalty of perjury and is commonly used in litigation to give facts (typically from a witness) to […]

How to Strengthen Your Offer when there are Multiple Potential Buyers

Money in a Jar

This is not legal advice, and you should not rely upon it.  For legal advice, consult an attorney, not a blog. [This post was updated 4/22.  New paragraph below.]  In today’s low-interest-rate, low-inventory, recovering-from-the-bubble housing market, there are more buyers than there are sellers.  This leads to routine instances of multiple offers, where only one buyer […]

Impact of Fiscal Cliff Agreement on Homeowners?

housing and fiscal cliff

There was so much fear mongering going on about “The Fiscal Cliff” it was starting to feel like being tied to a chair and being forced to watch The Shower Scene from Psycho. The stock market rallied up in response to it just being OVER WITH! But should we just be happy that it’s over […]

Hope for Short Sales in 2013 – Congress is Working to Extend COD Income Tax Exemption

US-GreatSeal-Obverse.svg

This is not legal advice.  For legal advice, consult an attorney, not a blog.  Furthermore, the post below addresses some BUT NOT ALL issues relating to foreclosure, short sale, etc., and the following analysis is cursory and not complete.  If you face a foreclosure or are considering some alternative, you should obtain legal advice. The Senate Finance Committee […]

New Case Strikes Down Release Provision in Rescission Form 51

This post is not legal advice. For legal advice, consult an attorney, not a blog.

Yesterday, Division I of the Washi

Buyers, is your Seller a Foreign Person? The IRS and FIRPTA say you better know…

This post is not legal advice. For legal advice, consult an attorney, not a blog.

A few months ago I posted about th