Real Estate Facts

We do not represent the real estate broker or salespeople who have an interest in earning a commission from your sale or purchase. 

We represent only you when you are our client and you are buying or selling your home. We do not represent the real estate broker or sales people who have an interest in earning a commission from the sale. We do not represent the lender who is providing mortgage funds. We neither represent the surveyor nor the interests of the title company. We do not represent the proprty inspecter. We do work with all of these people in order that you have a smooth transaction. 

Why is this important to you? 

In some areas of the state there is a policy, or practice, of brokers referring their customers to processing agencies, sometimes agencies they own. A processing agency has the simple and single mission of getting the transaction closed, a deed delivered and money turned over to the seller and the broker. As ordered by the New Jersey Supreme Court they can give you no advice (although they sometime appear to give advice). They cannot represent you. They can only conclude the transaction, whether it is in your interest or not to do so. 

In such a situation you do not usually save money. You are not represented at all, no less represented by a person who does not have an interest that conflicts with your own interest. You have to pay a fee to the processing agency.  You may find the processor ordering a new survey when an existing survey, with an affidavit of no change signed by the seller, will save substantial costs from being charged to you. 

Also, neither a broker nor a title company are allowed to practice law and give you legal advice about what something that comes up in your transaction means. They, and sometimes lawyers to whom they refer a buyer or seller, may find their judgment clouded in representing your interests. Yes, sometimes we accept referrals from brokers, but those brokers are among the best and most secure in the business because they know we will represent our client and only our client. 

Did you sign an agreement offered by the broker that allows the broker to act as a dual agent? If you did, that broker is not representing you, but owes as much a duty to the other party as you think he or she owes to you. 

Even a well meaning lawyer, running a closing mill that charges low fees, dependent on broker referrals for business, may find it hard to give truly independent advice and counsel when a buyer or seller changes their mind about a transaction. We never have that problem. If a client changes his or her mind about going forward with a particular transaction they can count on us to do everything we can to help them get out of the transaction. If a client of ours want to conclude a transaction and sell his house, or wants to buy a particular house, we do everything we can to conclude the transaction favorably and efficiently in the interest of our client. Only the best and most confident brokers refer clients to us because they know we represent our clients, and only our clients, in any given transaction.

Perhaps you should meet with us before you sign any papers that are part of buying or selling you home if you want truly independent advice and representation. 

 

Copyright 2020 - Lee B. Roth  | 91 Main Street, Flemington, NJ 08822 

908.782.5317 | lbr@lawroth.com 

Using this website does not create an attorney client relationship between you and the Law Offices of Lee B. Roth or any individual attorney. This website provides only general information about our firm, our attorneys and the types of services we provide. It does not and is not intended to provide legal advice. Please contact one of our attorneys if you desire to establish an attorney client relationship.