Should I Have My Attorney Review My Real Estate Contract

The classic answer..."that depends" is the wrong answer! Of course you should have an attorney, a real estate attorney that is, review your purchase and sale agreement if that makes you more comfortable.

Here's why. In Washington State, real estate licensees have been granted "dispensation" by our state legislature to fill in the blanks on pre-printed real estate forms that have been prepared and/or reviewed by an attorney. The forms I use are prepared by the Northwest Multiple Listing Service and meet this requirement. Other MLSs (Spokane and Vancouver for example) also meet this requirement as well as pre-printed forms available through the Washington REALTORS. However, when a licensee alters the wording or adds text free-hand, that licensee is now practicing law since a purchase and sale is a legally binding contract. This means the licensee will be held to the standard of a practicing attorney. Warning -- RISK! So the question is..."how much risk are you, as a buyer or seller, willing to take?"

If you're involved in a real estate transaction, your REALTOR should advise you of the rules for completing a purchase and sale agreement. And mention that it may be appropriate for you to consult an attorney to review your documents. Don't be surprised if your REALTOR won't interpret the wording since that too is considered practicing law.

Since attorneys bill by the hour, as do many other professionals, have all your paperwork available as well as your list of questions. Your attorney is only as good as the facts and pertinant information you volunteer about your situation and the pre-preparation you've undertaken.