Let's say you don't hire a lawyer, instead you save money and just trust that your real estate agent will protect you. An offer comes in, you are gently encouraged to sign it. You and your spouse sign where told and the offer is delivered back to the buyer. They sign and you celebrate!
Okay, but not so fast because when things go wrong what was in the form we signed? Huh? Then you recall this offer form came not from your agent but the buyers' agent. When asked about the form of the offer your agent said, "I can't give legal advice, but it looks like the form I normally see."
What does that mean? And why would you assume that means it's in your best interest to sign this legal document? Again I ask, "Huh?"
Can you afford to be wrong about what is in that document?
I’m
a lawyer and a licensed real estate broker. If you hire my firm to represent you I point out the pitfalls and the traps in the form the buyers had delivered. That means you get the benefit of my
knowledge in both fields.
But there is a more important benefit to sellers.
What you tell me is confidential and I cannot be forced to tell anyone what you
tell me. And I never would because as my client I am ethically bound to
maintain what you tell me in confidence. Everything you tell me is in
confidence so you, the sellers can tell it all to me without fear of
disclosure. That allows the attorney and client to freely discuss what needs to
be disclosed and how.
As
a lawyer you get the benefit of the attorney-client privilege in which to
discuss issues that may or may not require to be disclosed.
As for what you told the real estate agent? Let's hope you never get sued. Because what you and your spouse said to the agent isn't confidential and they will be deposed to find out all you and your spouse assumed she'd never tell.
I provide two distinct services to sellers. First, we review with you the disclosure statement and make it work for you. Second, we will review any offers sent over to you and will modify the terms to better suit your interests. That's not just hand holding, that is real value.
When
you discuss the Iowa Residential Sellers Disclosure Form with your Realtor
there is no privilege that attaches. So whatever you discuss can be later
discovered if the buyer sues you. This is an important point and one you should
not take lightly.
As
the sellers you need someone who you can make a complete disclosure without
fear of it later coming back to be used against you. This promise your Realtor
can not make.
As a seller you need to know the terms of the offer aren't going to come back later and encourage litigation.
So consider hiring our law firm to assist you with the sale.
This area of the law is a mine field – so don’t be the
one who steps on a landmine. Call us, contact the Lombardi Law Firm and ask for
either Steve Lombardi or Katrina Schaefer.
HOW TO CONTACT US
1300
– 37th Street, Suite 4
West
Des Moines, Iowa 50266
Telephone:
515-222-1110
Fax:
515-222-0718
Write
to Steve or Katrina
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