Unauthorized Practice of Law in Residential Real Estate Transactions: The Use of Unlicensed Professionals and Standard Purchase Agreements

Tanner Hamilton graduated from the University of Tennessee College of Law in May and will be joining Bradley Arant Boult Cummings in Nashville, Tennessee, as an Associate in September 2020.

Imagine that Jane is the average home buyer, with no formal legal or business education, trying to purchase her first home in a hot real estate market. Jane retains George, a real estate broker she trusts, and begins spending her nights and weekends bidding on homes in her area. After losing several bidding wars in her state’s market, George advises Jane that adding an “as is” provision at the end of her next offer would increase the chances of her bid being accepted.

The debate between brokers and attorneys.

The debate between brokers and attorneys.

(credit: iStockphoto)

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