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Sunday, April 18, 2021

Retired Lawyers

Trues Story:  I wrote a blog about trying to sell a house listed by a Realtor who was also a retired lawyer. She had to lawyer-up the deal so much my buyer decided to forgo the house he loved and settle on another place just to get peace of mind. He was later shot to death inside that house. I blame the former lady lawyer-real estate agent as much as the guy that pulled the trigger.

I have sold several homes to sitting judges, practicing attorneys, and retired lawyers. I don't recall any of them trying to lawyer-up an offer I wrote. They tend to be cautious and check the numbers, decimal points, spelling, and dates to make sure I get the important things right. (So do most people.)

Every now and then a buyer has a family member or even a partner who is a retired lawyer from another state who offers to get involved in reviewing a contract. I think the retired lawyers think they may know more about selling or buying a house than local Realtors. Some offer lengthy revisions to contract forms with all kinds of legalese to protect the family member from the other party, the real estate agents, the inspectors, the surveyors, and others who may be tangentially involved in the purchase and sale of property. In short, they muddle.

Our real estate contracts are referred to as FARBAR FORMS. They are created in cooperation between the Florida Bar Association and the Florida Association of Realtors. The contract forms are updated twice annually to keep current with revisions to state and or federal law. Realtors are permitted to fill in the blanks and are not practicing law without a license. 

I recently spoke with a fellow agent about retired lawyers from far away states offering to help me do my job. She said "Retired lawyers come to Florida to practice the law that they are best at - malpractice. "







2 comments:

Anonymous said...

An FBAR contract is common. The problem are the addendums that muddy the water. KWJAY.

David Shiver said...

Nice post. Key Estates LLC

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