Hiring A Real Estate Lawyer in NJ: Your Advocate or Your Deal Killer?

Hiring A Real Estate Lawyer in NJ: Your advocate or Your deal killer?

In New Jersey, when a contract to purchase a home is signed, it is not binding, until it's out of "attorney review". What this means to a buyer is that another buyer can come along and outbid you during this period. And to sellers, it means that your neighbor's house with the new gourmet kitchen can come on the market and lure away your buyer. This is why its in the best interest of all parties to hire competent REAL ESTATE attorneys who will protect their interests with protective clauses, and at the same time get them out of attorney review quickly.

Sounds simple, right? Well, if you follow this advice, you will be protected, and also have a much smoother transaction.

1. Hire a recommended LOCAL REAL ESTATE attorney, Notice I didn't just say attorney. They should ONLY be practicing real estate law. A local lawyer will know what's customary. If you're purchasing in Short Hills, Summit, Chatham, Maplewood and other towns in our area, they will know when to add a clause in about an oil tank sweep. They'll know which areas have had flooding issues. They've dealt with zoning,permits in Millburn, Summit or Maplewood town halls and are familiar with the local home inspectors and their reports. They know who to call for asbestos removal, and they know reputation of different builders, etc.... I have 4 real estate attorneys who I work with on a regular basis who really know their stuff. Email me & I'll pass along those names. Its not a bad idea to interview a few attorneys before choosing one to see who's style works best for you.

2. Before hiring the attorney, find out if he/she will be going on vacation any time during the next few weeks or if he/she has anything going on which will affect availability. NOT Returning phone calls & not responding to attorney review letters in a timely manner is one of my biggest pet peeves. I know that the lawyers I work with on a regular basis will NOT put my files under the pile on their desk. You need to feel confident that the attorney you choose will be available to you.

3. Inspection "Requests" or Inspection "Demands".... Make sure you approve the attorney's letters before they go out. I have found that when I'm trying to get through inspection issues with my buyer, sometimes the attorney "inspection demand" letters (which I would prefer to call "inspection requests") are worded so strongly, that it immediately puts the seller's in a defensive mode. When I bought my house in New Jersey ( after having sold real estate for many years in Philly, where we handled everything ourselves and rarely used attorneys), I used the attorney recommended by a friend, instead of one recommended by my realtor. Big mistake. She shot off letters without my approval, and when I read the harsh sounding "inspection demands" letter, I found myself calling the sellers and apologizing for the threatening tone of the letter. Afterall, didn't our parents teach us that you catch more flies with honey?

Over the years I have categorized real estate attorneys into 4 types:

First: "My way or we kill the deal",

Second: " I'll fight for whatever my client wants no matter how unreasonable the request may be, and NOT advise him. I'm my client's puppet."

Third: "I don't have the time to be bothered with returning calls. I'm too busy.
Oh, closing is tomorrow? Oops, I forgot to order the mortgage payoff. "

Fourth:" I am my client's advocate, and at the same time, it is my job to advise my client on what is reasonable. If I can't get anywhere with the other lawyer ( who is type 1,2 or 3), I'll have my clients work it out through the realtors. The smoothest transactions are when we are all working together to resolve the issues in a timely manner.

Which type of attorney would you like to represent you?

Sue Adler is the #1 Keller Williams agent in New Jersey, specializing in towns with 20-50 minutes from NYC. Visit www.SueAdler.com , the ONLY real estate site you need for New Jersey real estate.