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We are interested in purchasing a short sale home. Our agent is also the selling agent for the short sale home and the selling agent for our home. I feel like I'm not being told the honest truth about the short sale home. We really like this house and want to check into it without the agents knowledge. We need him on our side, but still want to make sure we have all the facts. Can a real estate lawyer check into this without the agents knowledge that we don't really trust him completely?
Optional Information: State/Country relating to question: Michigan Already Tried: Nothing! I don't know the best and cheapest approach for our family to find out if we have all the facts.
Hello and welcome! My name is XXXXX XXX I will be assisting you.
It would not be a bad idea to hire a real estate attorney to represent you in the short sale purchase. It is not uncommon for a real estate agent to be on both sides, but clearly conflicts of interest can arise. A good real estate attorney can represent solely your interests and give you an unbiased opinion of your potential purchase. There is also no requirement that you disclose your hiring of counsel to the agent, but I see no harm in doing so. Many parties are represented by both an agent and an attorney in real estate transactions. A real estate attorney can provide legal advice and representation that an agent cannot provide.
So this can be done without the agents knowledge?
Sure, although chances are that the agent may find out.
You can hire an attorney to remain behind the scene and do some investigating, or you can hire someone to represent your legal best interests throughout the entire transaction.
Experience: Attorney licensed in multiple jurisdictions.