Real Estate, Business Law, Non-Profit Law

BOI Filing
Schedule a Consultation

Call Us Today (314) 862-2237

  • Home
  • About Us
    • Mission Statement
    • Marc Jacob
    • Jace Brotherton
    • Firm News
  • Real Estate
    • Real Estate
    • Commercial LL – Tenant Law
    • Lawyer to Buy A House?
    • Motel/Hotel Purchases and Sales
  • Business Law
    • BOI Filing
    • Business Law
    • General Counsel
  • Not-For-Profit
  • Law Blog
    • Law Blog
    • Legal Resources
  • Contact Us

Legal Advice And Your Real Estate Agent

The ideal time for you to engage an attorney is prior to signing the brokerage agreement with the realtor. That way you get the benefit of having the brokerage agreement properly negotiated, and so that your realtor properly understands that your lawyer is a part of your team. This is particularly important in Missouri, where many realtors are not accustomed to interacting with attorneys, except when a deal goes bad and is in jeopardy or lawsuits are being threatened. Introducing them to a lawyer to can work with the realtor to get the deal to closing is an important first step in solidifying your team.

Realtors and independent real estate brokers are, more often than not, just trying their best in what is a very difficult profession. The law, however, sets them up to be in difficult positions, and this creates confusion and mistrust for the client.

To illustrate this point:

You surely wouldn’t be upset if you went to the electronics store to buy a new computer, were helped by a friendly salesperson, and then went home to think about it only to return later than evening to learn that the very same salesperson sold the computer to somebody else…after all, that’s their job!

With a real estate agent, however, buyers and sellers are provided with representation in the form of an agent who is well-dressed and generally well-educated, who presents them with legal documents and who explains the process and gets the necessary signatures while referring to them as clients. This is not because they are trying to deceive you, it is because the law and regulations, while categorizing brokers and agents as salespeople who are permitted to represent both sides of a deal, or even to represent parties who are competing for the same property or the same buyers, also gives them certain fiduciary duties to clients, thus putting them in an ever-awkward position.

Due to no fault of their own, this pulls them in opposite directions. Should they push the sale through even if it’s bad for the client? Should they keep negotiating down even if it means they might lose their commission? Both brokers / agents and the clients are the victims of this dual characterization of their jobs.

Lawyers, by contrast, are held to a strict duties of “loyalty” and “zealous representation” which force them to remain objective, where realtors cannot be. If problems come up between you and your realtor during the course of the contract period or even afterwards, having an attorney in your corner familiar with the laws of brokerage can also be invaluable. If the deal is in danger, your lawyer can try to save the deal without his/her payment being attached to that, and, if necessary, can try to get you out of the deal and minimize your liability exposure for walking away.

Having your own attorney also allows realtors to do their job. The vast majority of real estate agents are honest and very hard-working. Due to the appearance and process described above, however, many clients expect the real estate agent to answer their questions about the contract and provide the type of advice only a lawyer is permitted to provide.

If they do provide such advice they can get into serious trouble for “practicing law without a license,” a crime they can be prosecuted for because it is dangerous to the public. Relieving the agent of this pressure will let them focus on helping you find the right house or a buyer for your own house that is up for sale, and on keeping adequate track of all the timelines in the agreement. We work with many real estate agents and brokers, and we hope to work with yours as well.

Do yourself and your agent a favor: Get Your Own Attorney.

Contact us today by clicking here, or by calling us directly at 314.862.2237.

THE CHOICE OF A LAWYER IS AN IMPORTANT DECISION AND SHOULD NOT BE BASED SOLELY UPON ADVERTISEMENTS. Information provided on this website is for informational purposes only, and should not be construed as legal advice. Transmission of information from this website or via internet email from this website does not create an attorney-client relationship, nor is it intended to create such a relationship. Links to sites maintained by third parties are for your convenience, but those sites are not endorsed by this law firm. The Jacob Law Firm, LLC also does business as Home Sweet Legal.

Contact The Jacob Law Firm

Putting Clients First. All of our Clients receive the personal attention they expect and deserve.

The Jacob Law Firm,LLC Super Lawyers Logo

Marc Jacob, Esq.
7710 Carondolet Ave, Suite 333
Saint Louis, Missouri 63105
Tel: 314.862.2237
Fax: 314.884.6041
Email: mjacob@marcjacobesq.com

The Jacob Law Firm,LLC Map

Contact Us

Recent Posts

  • GUEST BLOGGER: Organizing Your Home Buying and Selling Paperwork: Tips for a Smooth Process
  • What Should I Do After I Purchase a Property at a Tax Sale in Missouri?
  • What are the Five Most Common Questions We Get Asked About Quiet Title Suits?
  • Tax Sales & Title Issues in St. Louis County
  • GUEST BLOGGER: Retirees Looking To Homestead Can Use These Tips For Buying A Property

Categories

  • Business Law
  • Quiet Title Suits and Tax Sales
  • Real Estate
  • Tax Sales and Quiet Title
  • Uncategorized

Copyright 2015-2025 by Marc Jacob Esq. All Rights Reserved. // Privacy Policy // Site By: The Attorneys ATM. The Jacob Law Firm, LLC also does business as Home Sweet Legal ®.

  • Home
  • About Us
    • Mission Statement
    • Marc Jacob
    • Jace Brotherton
    • Firm News
  • Real Estate
    • Real Estate
    • Commercial LL – Tenant Law
    • Lawyer to Buy A House?
    • Motel/Hotel Purchases and Sales
  • Business Law
    • BOI Filing
    • Business Law
    • General Counsel
  • Not-For-Profit
  • Law Blog
    • Law Blog
    • Legal Resources
  • Contact Us