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The 3 Duties of a Real Estate Transaction Lawyer

As law students, we are trained to identify the legal risks of a given scenario and then advise our clients of those risks. That is the essence of lawyering.

As a transaction lawyer, because we can recognize the potential for misconduct within a transaction, we have a fiduciary duty to protect our client’s interests in the transaction by structuring it in a way to optimally minimize such risks. Our three duties, then, are to:

  1. Identify
  2. Reduce
  3. Deflect

Identify the nature and scope of any perceived risks that can disrupt the transaction.

Reduce the probability of loss (i.e., transaction costs, opportunity costs, out-of-pocket costs, or sunk costs) from those identifiable risks.

Deflect, to the extent most possible, the costs of inalienable risks.

Put another way, our goals are to protect our client’s interest (identify, reduce, deflect) & facilitate the completion of their desired transactional interest.

Source: Rick Daley, Real Estate Development Law, West Publishing (2011)

Author:

John holds four degrees (law, hotel management, literature & computer science, and theater), two decades of technical education, and has 30 years of extensive work experience in the fields of real estate property valuation, mortgage finance, home sales, teaching, and military service. John is the founder and Broker-Owner of Coleman Tanner Realty 🏑 in Florida. As a writer, John has been self-publishing books since 2012. His latest nonfiction book, The Entrefluential Broker, is a DIY guide to launching your own real estate brokerage business. John’s forthcoming book, STR Conversions, will inform real estate investors of how to quadruple their rental income via his new β€œhotel hacking” strategy. He plans on taking his lessons to online and offline speaking stages to share his tactics with investors in the second half of 2022. To discuss speaking engagements and workshops, interested parties can send inquiries to john@colemantanner.com. In addition to writing, John has a love for filmmaking that began while studying theater at Miami-Dade College in 1994. John plans on overseeing the shooting of an in-house β€œreality tv” show for his real estate practice, Coleman Tanner Realty. 🎬 John also aspires to executive produce independent films that will be a hybrid of the film noir + murder mystery genre and something new, futuristic, and aesthetically appealing to modern day film enthusiasts (think, anime in real life meets Sherlock Holmes). He also enjoys romantic comedies and Hallmark dramas; he wrote a romantic novella, Faithfully, available on Amazon (under the pen name of Jack Morgan) - so stay tuned for romance films as well. When he’s not πŸ–₯ online studying film production, AirBnB, real estate, online marketing, or watching movies and his favorite TV shows on Netflix or the tube πŸ“Ί for inspiration. 🎼 John also enjoys playing the guitar 🎸 and piano 🎹 in his free time.

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