Buying a house is a big deal; everyone should have legal assistance for it.
The Usual Experience
Typically, when you hire an agent to help you purchase property, they show you some houses. If you like one, they will send you a link to the standard, Wyoming Association of Realtors, offer form. You make some slight changes, sign it, then you go back and forth until you reach a deal. The agent will help you get a home inspector and explain what can be fixed. Finally, the real estate agent gets paid when the deal is closed. They get a percentage of the purchase price, usually half of what the seller’s agent is paid. Usually everyone is happy.
If you buy a house without help of a lawyer, you do not know what you are losing. If something goes wrong, you might have to hire one on your own anyway. A real estate agent cannot practice law, unless they are also a lawyer (which very few are). They cannot draft an offer or contract from scratch that says exactly what you want. They cannot substantially change the forms provided by the Wyoming Association of Realtors. They cannot explain the legal consequences of a contract. If you ask a typical agent a legal question about the contract you are about to sign, they have to advise you to talk to a lawyer. If you have an outside-the-box idea, they cannot create a legally binding agreement to make it happen. They cannot advise you how to legally get out of a deal, or what the consequences are for backing out. In other words, they can take you down the well worn path of agent-brokered home purchases, but they cannot show you the short cut to what you want.
What We Offer
We give our clients is a real estate agent and a lawyer to help you. Anthony Toscana, Coal Country Real Estate’s responsible broker, is a licensed real estate broker in Wyoming and South Dakota. He’s also a Wyoming and South Dakota licensed attorney, so he knows the importance of the law for purchasing real estate. When it comes to Coal Country, he is the broker, he does all of the things a usual real estate agent does. What makes us different (and better, in our opinion) is we work to hire you a lawyer with Berger & Brown, Attorneys in Gillette. We pay for the lawyer, if they can accept you as a client, at no extra cost to you, and we do not get paid unless you buy a home. Alex Berger, the primary real estate attorney at Berger & Brown, has decades of experience in real estate transactions. He has tricks to help you purchase the best home, for the best price, and on the best terms. We can also help you buy property that is not yet for sale. We can work out contract-for-deed or rent-to-own agreements. A lawyer will make sure you understand exactly what you are offering and that there are buyer-friendly contingencies to account for the unexpected in life. You will have a lawyer there for you, and you have your real estate agent, to make sure you get what you want, how you want it, and when you want it.
With a few exceptions, we only represent buyers. We do not act as intermediary. Our contract are drafted to help buyers get the best possible deal and on the terms they want. We make sure the seller pays for your agent.
The purchase and sale of a house is fundamentally a legal trans, based on a legally binding contract. In Wyoming, there is over a century of Wyoming Supreme Court cases about how contracts are interpreted, construed, and enforced. Only a lawyer can give you legal advice about what you are getting yourself into. Real estate agents are often involved, to a point. But lawyers get to see what happens when things go wrong and they know how to avoid it. Berger & Brown has been involved in many cases where something went wrong with a purchase (defective construction, misrepresentation about defects, failure to property get out of a contract) and can advise you how to make sure you are protected if the deal goes south.
Every purchase of real estate begins with the offer. A lawyer can help you make sure you understand the offer, and, most importantly, can write the offer you want, and make it legally binding. A lawyer can then help you negotiate an enforceable agreement to sell and purchase real estate. With a lawyer, you have someone who is responsible to make sure you understand exactly what your contract means. Berger & Brown knows how to get these things done. We have new ways of doing earnest money to encourage sales. We know what needs to be included and done in contingencies, like sell your old house, build a well, or fix a structure. We can also draft the contracts so that you can have a legal escape if your change your mind.
A lawyer also makes you a legal punch list. The contract for purchase sets several deadlines for both the buyer and the seller, and these deadlines are important. Your lawyer looks carefully through the contract and makes a simple, easy-reference list for you to know exactly when things need to happen.
Berger & Brown reviews documents as they come in, such as inspection reports, title work, and offers to amend the agreement, to make sure you know exactly what is going on and what your rights are.
Call or email us. Talk to Anthony and see what we can do for you. If we are not a good fit, we will refer you to another real estate agent.
Before Coal Country Real Estate is your agent, you must enter into a contract with Coal Country Real Estate. Nothing in this website is a promise that Coal Country Real Estate will be your agent. Further, nothing in this website is intended as legal advice, nor does it create a attorney-client relationship between you and any attorney. Coal Country Real Estate cannot guarantee or promise that an attorney will accept you as a client. If Coal Country Real Estate becomes your agent, we will refer you to Berger & Brown for that law firm to become your lawyer for your real estate purchase. Berger & Brown may or may not accept you as a client. Berger & Brown may have a conflict of interest with a specific purchase or with someone involved. If Berger & Brown does not accept you as a client, Coal Country will not pay for any other attorney, but you will be permitted to end your contract with Coal Country Real Estate and find a different real estate brokerage to assist you. Coal Country Real Estate is not promising to pay for a lawyer, but Coal Country Real Estate will attempt to secure Berger & Brown as your lawyer and pay their fee if you hire us