James A. Zitesman

James A. Zitesman, Esq.
Real Estate Attorney
serving Central Ohio
(614) 799-9494  

Frequently Asked Questions

  1. Do I really need an attorney?

  2. If I have a Realtor®, won't they do everything that I need?

  3. Can't I just put a contingency upon my attorney's approval?

  4. I am selling my own home, what can you do for me?

  5. Does the value listed on the Auditor's Website reflect the true market value of a home?

  6. How much will it cost to have an attorney involved?

  7. I know an attorney who works in other areas of law, perhaps a friend, and they have volunteered to assist me in my real estate transaction, why should I seek a real estate attorney, isn't it all the same?

  8. When is the best time to get an attorney involved?

  1. Do I really need an attorney?

A.: For most people, a home transaction is the largest single financial transaction they will ever do. Thousands of dollars are at stake. A real estate attorney can provide you with the knowledge and experience to guide you through this transaction. Even if you have bought and sold many properties, the attorney has probably dealt with many multiple of transactions and seen more problems than you can imagine. This is the kind of experience that can help you from having problems and help you have a successful outcome. And if there is a problem, the attorney can assist in the efficient resolution of the problem before it grows larger.

  1. If I have a Realtor®, won't they do everything that I need?

A.: Realtors® can help you in many ways. When you are buying a home, they can show you homes that fit your specifications and desires. When you are selling a home, they can help you get marketing exposure. First and foremost, Realtors® are sales agents, capitalize on their expertise. Remember, it is your choice who you decide to work for you. You can use a very experienced and professional Realtor just as easy as someone who does not possess the same qualifications. Find the Realtor® who is right for you.

While Realtors® "...possess considerable general knowledge, they are not an expert in matters of law, tax, financing, surveying, structural conditions, hazardous materials, environmental conditions, inspections, engineering, etc." Therefore, you are advised to "...seek professional expert assistance and advice in these and other areas of professional expertise." (Excerpted from the Real Estate Purchase Contract adopted by the Columbus Board of Realtors and the Columbus Bar Association as revised 01/2005 Paragraph 11.1)

When it comes to legal aspects of the transaction, you should consider an attorney to represent your interests. There is nothing more legal than the contract, therefore, make sure you have an attorney involved in the drafting of your contract or at the very least reviewing the contract within the time stated in the attorney approval clause.

  1. Can't I just put a contingency upon my attorney's approval?

A.: Sure, you can make your contract contingent upon your attorney's approval, however, at that point there is not much an attorney can do other than to disapprove and kill the deal. The most effective use of the attorney is during the contracting process, not after. If you can't get to the attorney during the process, the attorney approval clause is still a good idea to protect you. Be sure to get to the attorney within the stated time period for the review!

  1. I am selling my own home, what can an attorney do for me?

A.: Selling your own home can be a financially rewarding experience. However, it can also be stressful and complicated. While a FSBO seller can find a contract, how do you know what to write and what the ramifications are of the written words?

There is more to drafting a good real estate purchase contract than just filling in the blanks. A real estate attorney can educate you about the entire process, prepare you for negotiations, assist in negotiations with other attorneys or Realtors, and can provide the needed ability to make sure the contract reflects your offer. The contract is the single most important document in the transaction, you deserve to have it drafted by a professional. In addition to the contract, your attorney can assist you throughout the entire process such as dealing with requests for remedies and closings.

  1. Does the value listed on the Auditor's Website reflect the true market value of a home?

A.: No. For more information about data listed on an Auditor's Website, please contact that Auditor.

  1. How much will it cost to have an attorney involved?

A.: Most attorneys charge on a hourly basis, a retainer may be required. Be sure to ask your attorney what the hourly charge is and in what incremental amount, usually 5 or 6 minute increments. You should get it all in writing before you start your attorney-client relationship. You will probably find the cost of having an attorney involved is much less than you might imagine. However, bear in mind a couple of things: 1) each case is unique and there is no way the attorney can know up front exactly what will happen in your case; 2) you have control of the fees by how much you use the attorney. Please remember the old saying, "penny wise, pound foolish." Trying to save a little by not involving your attorney may have costly ramifications. For more information on fees, including flat fees, charged by James A. Zitesman, click here.

  1. I know an attorney who works in other areas of law,  and they have volunteered to assist me in my real estate transaction, why should I seek a real estate attorney, isn't it all the same?

A.: Real Estate law is a unique area of law that is different from other areas. The Real Estate attorney has the experience and knowledge in this special area of law to assist you in your transaction. Within Real Estate law, there are several specific sub-areas, such as commercial, residential, landlord-tenant, and foreclosure to name a few. Find the attorney who is knowledgeable in the area you need assistance.

  1. When is the best time to get an attorney involved?

A.: The best time to get an attorney involved is early in the process. It is almost always less expensive to do it right the first time, compared to trying to fix a poorly drafted contract, or trying to deal with a problem that could have been avoided. The basic rule applies that we have all heard over and over, "Don't sign anything until your attorney has reviewed it FIRST."