Attorney William asked:




Most “standard” real estate contracts and leases contain provisions that state something to the effect, “If there is any dispute as to the agreement, the winning party is entitled to attorney’s fees.” Is this a good idea?

Well, yes and no. First, understand that attorney’s fees are generally not awarded by the court to the winning party in a lawsuit. There must be either a specific statutory provision or a clause in the disputed agreement that calls for attorney’s fees. In addition, a court may award attorney’s fees where there is “bad faith” on the part of one of the litigants, but judges rarely enforce this rule.

If you have to sue another party to a lease or contract for $100, it hardly seems worth the effort if you have to pay your attorney $2,500 to file the lawsuit. In such cases, the opposing party may thumb his nose at you and say, “so sue me”. The court system is very unfair to the poor in this regard. However, if you are the potential defendant, it works in your favor if someone is thinking of suing you for some bogus reason and you know that they can’t afford an attorney.

So, should you always insert an attorney’s fee clause in every contract or lease that you sign? Well, that depends on whether such a clause inures to your benefit. For example, if you are a landlord, chances are you will be suing your tenant for non-performance of the lease, not vice-versa. So, having the ability to get attorney’s fees if you win is to your benefit. Of course, this may be futile, since any judgment may be uncollectible, whether for $100 or $10,000. But, if you think you can collect a judgment, go ahead and put the clause in your lease.

Another example might be a purchase contract with a seller in foreclosure. Suppose you have an agreement to buy a property from a seller who is near insolvency. If he breaches the agreement, you can sue, but what will you get? On the other hand, if he can convince a court that YOU are in breach, you could lose and end up paying HIS attorney’s fees. Thus, you can see how an attorney’s fee clause may work against you. If you get into a dispute with a seller or buyer and they cannot afford an attorney, you reduce your risk if something goes bad. Remember, whether you are right or wrong in your actions involving a real estate deal, it’s what is proven in court that matters. Having plenty of trial experience, I can tell you that going to court is a gamble – sometimes you win, sometimes you lose, and truth and justice have little to do with it.

Finally, some agreements will state that if one party must enforce the agreement in court (e.g., the landlord in a lease), the landlord is entitled to lawyer fees. Many courts will apply the rules in reverse, even if the agreement doesn’t explicitly state. So, you cannot necessarily limit attorney’s fee if one party wins but not the other.

As with any transaction, you could consult with an attorney before drafting any agreement you are uncertain of.

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James Gunaseelan asked:




Are you contemplating hiring a real estate agent? If so, the pros and cons of doing so are probably weighing on your mind. The fact of the matter is that there are benefits of having an agent on your side, but at the same time there are drawbacks that you may also want to concern yourself with.

With so many real estate options, it is crucial to employ the best. Each of our real estate agents have a proven track record when it comes to home buying, home selling and the world of real estate. In the ever competitive world of real estate agents and the burgeoning climate realtors and home sales, local knowledge and professional acumen is what we offer to each and every client. With every burgeoning real estate market comes a high number of real estate agents. Knowing which of these realtors to select is may just seem like yet another decision in the home buying process, but it is also one of the most critical ones you will make. Real estate agents should have knowledge of their chosen region, proven track records in the competitive world of realty and a professional acumen.Showcasing homes is the business of realtors the world over but, as with any business, there will be those who consider it a passion to be the best real estate agent in the region. After making the decision to buy or indeed sell a home, selecting a real estate agent is next. Making that easier for you is what we want and what we know we can deliver.

So what is the biggest benefit of hiring a real estate agent? Before you can answer this question you need to consider if you are a buyer or seller. If you are buying a home, the biggest benefit of working with an agent is their experience. They not only have experience helping people to find properties in your area, but they also have experience with negotiating. Both of these things will help you to become much better qualified as a buyer.

On the other side of things, most sellers use a real estate agent. The reason for this is quite simple: this cuts back on a lot of the work that the seller will have to do on their own. When a seller works with an agent they have the ability to lean on them for everything that needs to get done. This includes finding potential buyers, marketing, open houses, negotiations, closing procedure, and much more. Selling a home by owner has its financial benefits, but it also means that you will be responsible for a lot more work. Most sellers decide that hiring a real estate agent is a much better choice.

There is no denying that some people feel that hiring a real estate agent is a dumb idea. In fact, it all depends on who you talk to. Some buyers like to do things on their own and the same holds true for some sellers. But guess what? You need to make the decision that is best for you; even if everybody around you has done differently. If you think that working with a real estate agent is the best option, you should do so.

Overall, the majority of people agree that buying or selling with a real estate agent on board is much less stressful. Do you agree with them?

Phoenix Delray asked:

Realtors in San Diego have a duty to their clients and customers, and is doing the best job I can to make you as happy as possible. Realtors in San Diego should respect and follow a series of obligations on persons who do business, and when a real estate agent makes every effort to ensure that you are happy, if you are a seller or buyer, all benefit in many ways.

There is a certain code of conduct that real estate agents in San Diego continue. Some of the points are only rules within the company or real estate business, and some are very laws that the real estate agent is legally required to follow. The first of these obligations is loyalty to you first. The agent can not defend the interests that are not in the best interest of their client or customer. The decisions and suggestions made by your real estate agent should always be to their benefit. Your real estate agent in San Diego to be honest, and willing to provide complete information about everything concerning the property of interest. This helps the customer estate agents make decisions based on good information as possible.

A very important duty that a realtor in San Diego, broker or agent has your client is confidentiality. The agent is prohibited from transmitting any personal information about the client that can be collected in trade relations between them. Any personal information about the client should be confidential unless the client gives permission for realtors, real estate agent to give personal information. What you can not keep the facts about a property at the disposal of interests, since these events are positive or negative.

Realtors in San Diego are also obliged to inform their customers of any treatment they have to do with accounting, and also the agent responsible must keep track of and maintain a safe money or property held on behalf of the client. Obviously, the responsibility of accounting goes with the responsibility of honesty. Realtors in San Diego also are responsible to protect his client from foreseeable risks or damage, whether financial or otherwise. If experience is not enough agents to help your client with something, the agent has a duty to recommend to his client that expert advice was sought.

There are cases when a real estate agent represents both buyer and seller. In these situations of dual agency, a real estate agent in San Diego has an obligation to be responsible and honest with accounting issues and the care and diligence to respect the legal limits and laws. Beyond that, the agent must weigh all options very carefully not once but twice, to ensure that such dealings are fair to customers as possible.



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