Utah Real Estate Agent? Short Sale Mistake #1: Giving Legal ...

Christine here: I am posting this for Utah foreclosure defense attorney Jonathan Jaussi while he?s on vacation.

When it comes to legal advice, you get nothing more than you pay for, and you will certainly pay for what you get.

So here?s some free legal advice: Unless your real estate agent is also an attorney, he or she should NOT give legal advice.

Here?s a fun fact you can use to drive away the most boring person at your next cocktail party: In Utah, the practice of law is ?the representation of the interests of another person by informing, counseling, advising, assisting, advocating for or drafting documents for that person through application of the law and associated legal principles to that person?s facts and circumstances.? ?Rule 14-802 of the Utah Supreme Court Rules of Professional Practice.

Of course, you didn?t read through that in detail; my eyes glaze over just copying and pasting it here. ?In simpler terms, if someone gives you advice or helps with paperwork based on your specific situation, they are practicing law.

So if a real estate agent says that, based on your circumstances and the facts of your situation, a bank will probably allow a short sale, they just advised you by applying legal principles to your facts and circumstances. ?Similarly, if they tell you that the bank won?t agree to a short sale unless you are two or three months behind on payments, so you shouldn?t pay your mortgage for three months, they are giving legal advice.

There is an exception to this rule for real estate agents: ?A real estate agent or broker licensed by the state of Utah may complete State-approved forms including sales and associated contracts directly related to the sale of real estate and personal property for their customers.? ?So they can help fill out your paperwork when you want to sell your house. ?But anything they say that?s not directly related to the sale of real estate and personal property can get them into trouble.

So the next time a?Real Estate Agent? tells you something that will happen to you or based on your situation, ask to see their Utah State Bar ID Card.

Jonathan Jaussi is an attorney from Freedom Legal in Utah, and helps consumers with mortgage related issues and real estate law. ?For more information visit Freedom Legal?s website.

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