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Lawyer compared to real estate agent

 

Buying or selling a property is an important step in a person’s life. Therefore, it is crucial to surround oneself with competent professionals to ensure that all legal formalities are respected. Among the professionals who can intervene in a real estate transaction, we find the lawyer and the real estate agent. Although these two professionals work in the same field, their missions and skills are not identical.

Lawyer : a legal professional at your service

The profession of a lawyer is subject to legal rules. The National Council of Bars has adopted the new National Internal Regulations of the profession (RIN), which constitutes the foundation of the common ethics of lawyers (No. 2005-003).

A lawyer is a legal professional whose mission is to advise, represent, and defend clients in all legal matters. In real estate matters, a lawyer can intervene at several levels. For example, they can advise their clients in negotiating a contract for the sale or purchase of a property. They can also help their client to establish an application for a real estate loan or to draft the sales contract.

One of the main advantages of using a lawyer for a real estate transaction is their legal expertise. Indeed, a lawyer is an expert in their field and has in-depth knowledge of real estate legislation. They can, therefore, provide a quality service while respecting the legal rules in force.

 

Real estate agent : a real estate professional at your service

The profession of a real estate agent is also subject to legal supervision. The activities of real estate agents are governed by Law No. 70-9 of January 2, 1970, known as the “Hoguet Law,” and its implementing decree No. 72-678 of July 20, 1972.

A real estate agent is a real estate professional whose mission is to assist their clients in real estate transactions. Their role can vary depending on the case, but they can help their clients to find a property, organize visits, negotiate the price, or draft the sales contract.

One advantage of using a real estate agent is their knowledge of the real estate market. Indeed, a real estate agent is aware of the prices practiced on the market and can, therefore, help their clients define a fair price for their property. In addition, a real estate agent can provide valuable assistance in finding a property by selecting properties that meet their client’s criteria.

However, it should be noted that a real estate agent is not a legal expert and cannot provide legal advice to their clients.  It is, therefore, important to choose a real estate agent carefully by inquiring about their skills and experience.

 

Lawyer and real estate agent : two distinct professionals

A lawyer and a real estate agent are two different professionals who can intervene in a real estate transaction. A lawyer is a legal expert who can provide a quality service while respecting the legal rules in force, while a real estate agent is an expert in the real estate market who can help find a property that meets their client’s criteria and negotiate the price.

It is important to choose the professional who best meets your needs. If you need legal advice or if the transaction is complex, it is advisable to use a lawyer. If you need help finding a property or negotiating the price, a real estate agent can be useful.

Finally, it should be noted that a lawyer and a real estate agent are not mutually exclusive. Indeed, it is possible to use both professionals to ensure a quality and secure real estate transaction. It is, therefore, recommended to choose service providers carefully by inquiring about their skills and experience in the real estate field.

In case of a dispute, the lawyer can also intervene to represent their client in court. In the real estate field, disputes can concern the sale or purchase of a property, hidden defects, co-ownership conflicts, or disputes related to construction or renovation work. The real estate agent, on the other hand, does not have the legal competence to represent their client in court. However, they can help their client find a lawyer in case of a dispute and advise on the steps to take to resolve the conflict.

 

Conclusion

The lawyer and the real estate agent are two distinct professionals who can both play a role in a real estate transaction. While their missions and competencies differ, it may be beneficial to hire both professionals to ensure a high-quality and safe transaction. It’s important to choose the professional who is best suited to your needs, and to carefully research their expertise and experience.

 

About the Author :

Business lawyers, bilingual, specialized in acquisition law; Benoit Lafourcade is co-founder of Delcade lawyers & solicitors and founder of FRELA; registered as agents in personal and professional real estate transactions. Member of AAMTI (main association of French lawyers and agents).

FRELA : French Real Estate Lawyer Agency, specializing in acquisition law to secure real estate and business transactions in France.

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