Is there a penalty for firing your real estate lawyer and your real estate agent?

4 views 2 answers
I have not heard from my real estate lawyer in 2 weeks and I want to close on the sale of the house, the buyer never did the home inspection that he said he would do and I real the contract more closely and there are problems

Attorney Answers

2
Michael Millar ·
Can you please provide more details abut the "problems" that you refer to above? If the problems you refer to are structural or include other latent defects with the home, you should be aware that you have an affirmative obligation to disclose all known latent defects that you are aware of. The law of caveat emptor - let the buyer beware - does not apply to home sales in NJ. You relationship with your real estate agent is defined by your listing agreement - which is a separate contract with the agent. To a certain extent, you cannot "fire" your agent if the agent has brought the buyer to you. You agent does not get paid unless the transaction closes. So, he or she has every incentive to see that it closes. You are free to discharge your attorney - but doing so may result in further delays. If the attorney is not being responsive, then communicate in writing with him or her. Also, demand that the attorney send a time of the essence closing letter. If the buyer does not close on the time of the essence closing date, depending on what your contract states, you may either get to keep all or a party of the downpayment or may sue the buyer for damages. Before discharging your attorney, I would suggest stopping by the office and asking to see him or her for a face to face meeting.
0 upvotes
Laurence Slous ·
The short answer is there is no penalty if you fire your real estate lawyer. However, depending on the agreement you have with your lawyer, you may be liable to pay fees for services he rendered to you in connection with the real estate transaction. Your real estate agent is another matter. In all likelihood, the listing agreement you executed provides for the consequences of termination, if that is even possible. However, if your agent is not doing his or her job, there are appropriate actions you can take to sever that relationship.
0 upvotes