A common question people ask is why do they need an attorney involved in a real estate transaction. The answer is that it depends on the individual transaction. An attorney can write the contract and work with you to close the transaction. Or, you can hire a real estate agent or broker licensed by the state of Montana to write contracts for real estate transactions. However, they should not be advising you on legal issue beyond the contract and are told in countless continuing educations course not to do so, but to recommend that the client visits with an attorney. My experience in real estate litigation often stems from the agent or broker doing something they should not be doing, like giving legal advice. A good guide line as to whether you should hire an attorney is you gut instinct. If you are getting nervous about the answers and explanations you are receiving in a transaction, consult an attorney. If you are purchasing a piece of property that is unique, large and expensive, you should consult an attorney. Many times a review of the transaction is affordable and it gives you piece of mind that an attorney has reviewed the transaction and their malpractice insurance will likely cover a mistake they make. If your transaction involves land, easements and water rights, I suggest you visit with an attorney. The most common real estate disputes I see are over easements, water rights and boundary lines. All of these issues become relevant when the land is being split into smaller parcels that were once a large tract of land and this happens all the time in Montana. An attorney can review the legal history of the property and provide an opinion that states what you easement is and is not, etc. If you are looking to purchase real estate in Montana and do not know if you should hire an attorney, call Wagner Law Firm because the initial consultation is free.
top of page
bottom of page