Questions to Ask your Clients When Selling Estate Properties

One of the most frequent questions I receive as a real estate attorney is how a seller should be listed on a contract when the property is being sold from an estate. When property is being sold from an estate and not from an individual, it can present a challenge for the attorney and agents, mainly due to the extra pieces and process involved.

In the Real Estate realm, the phrase “caveat emptor” gets used a lot. Usually, it is the response to a situation where the buyer has discovered an issue with the property they have purchased. For those who don’t daily navigate the waters that are real estate transactions, Caveat Emptor is a Latin phrase meaning “let the buyer beware”. It is an important concept in contract law, especially as it relates to real estate transactions because most of the burden is placed on the buyer to ensure that they understand the property they are purchasing.