ADVOCATES NETWORK
Pro Se Real Estate^SM Program

Frequently Asked Questions

Click on any question to go directly to that answer.

1.  What is the Pro Se Real Estate^SM Program?
2.  If it is designed for sellers, what does the Pro Se Real Estate^SM Program offer to those looking to buy a home?
3.  Do Advocates Network attorneys have a program for real estate buyers?
4.  How is a Pro Se Real Estate^SM Program transaction different?
5.  Isnít a broker necessary?
6.  Doesnít the broker protect the parties?
7.  What can a buyer expect from a Pro Se Real Estate^SM Program seller?
8.  If there is no broker, does the buyer need a lawyer as well?
9.  Why donít the Advocates Networkís web pages automatically show all the homes for sale?
10.  What if a buyer finds a home being offered directly by an owner who isnít assisted under the Pro Se Real Estate^SM Program?

•   What is the Pro Se Real Estate^SM Program?

The Pro Se Real Estate^SM Program is a bundle of legal and related services offered by the attorney members of the Advocates Network to assist clients who want to market their real estate themselves and save the substantial expense of brokerage commissions.

• If it is designed for sellers, what does the Pro Se Real Estate^SM Program offer to those looking to buy a home?

Every real estate transaction requires both a buyer and a seller.  The Pro Se Real Estate^SM Program is a no nonsense approach to the process by which a buyer and seller get together, cement a fair deal and close the transaction.  Understanding the process from the sellerís point of view is important and beneficial to the buyer.

• Do Advocates Network attorneys have a program for real estate buyers?

Advocates Network member attorneys provide a full range of legal services to a full range of clients, including those buying real estate.  The Pro Se Real Estate^SM Program is tailored to sellers because sellers usually initiate the process with the decision to put property on the market for sale.  While the attorneyís ethics prevent him or her from representing both the buyer and seller in the same transaction, assisting unrelated buyers is a regular part of what they do.

• How is a Pro Se Real Estate^SM Program transaction different?

It isnít so much that it is different as that it is simpler.   Without a middleman or two standing between the buyer and seller, each hustling for a commission, negotiations are usually direct, comfortable and productive.

• Isnít a broker necessary?

In a word, no.   Brokers are purely middlemen (and middlewomen).   Usually they agree to help a seller find a buyer and get paid a commission ñ usually 6% of the price ñ if a buyer is identified during the life of the listing contract.  Sometimes brokers from different brokerage companies split the commission if one has the listing contract and one has a relationship with the buyer.   But the essence of their job is to work a deal in the marketplace of buyers and sellers.   The other components of a transaction ñ document drafting, clearing title, financing and the rest are handled by other professionals.    Sometimes brokers are very helpful and earn their commissions ñ and sometimes Advocates Network member attorneys recommend the assistance of a broker as an alternative to the Pro Se Real Estate^SM Program, but the assistance of a broker is never legally necessary.

• Doesnít the broker protect the parties?

Full disclosure and honorable dealing is not only the right thing to do as well as the law in Wisconsin, it is the smart way to go for both sides in the transaction.   The brokerís job is to get a buyer and seller together.   Brokers arenít allowed to give legal advice to either side nor are most brokers qualified to act as home inspectors.  The law prohibits brokers from drafting legally binding documents ñ allowing them only to fill in blanks on State approved forms.   Finally, the broker has only a very limited duty to learn about the strengths and weaknesses of the property in question.   A broker does his or her job ñ and earns his or her commission ñ when the buyer and seller get together.

• What can a buyer expect from a Pro Se Real Estate^SM Program seller?

Not only is every piece of real estate unique, the personal situation of every seller is likewise his or her alone.   Advocates Network attorneys tailor the Pro Se Real Estate^SM Program to the special situation of each client.   With that in mind, a buyer can expect a Pro Se Real Estatesm Program seller to be motivated and well prepared.  Many times a property offered by a Pro Se Real Estate^SM Program client is inspected by a State Certified home inspector and then appraised by a certified appraiser before the sign goes up.  The inspection and appraisal reports are usually available to qualified interested parties.   What this means to a buyer is that the seller is dealing one to one, straight from the shoulder.  Pro Se Real Estate^SM Program sellers have the counsel and advice of their Advocates Network attorney to fall back on.  The documents they use have been simply written and are ñ considering the nature of the transaction ñ easy to understand.   Finally, Pro Se Real Estate^SM Program sellers expect to sell the property at a fair price ñ a price that is always set by the market.

• If there is no broker, does the buyer need a lawyer as well?

Often buying a home is the largest transaction a person will make in his or her lifetime.  You donít automatically need a lawyer ñ but you need to understand the legal aspects of this transaction (and selling real estate is always a legal transaction) and they need to get it right.   Sometimes buyers benefit from the counsel of a lawyer just because buying a home is a large and important transaction and sometimes because of specialized or complicated aspects of the transaction.   For Pro Se Real Estate^SM Program sellers, the buyerís attorney is not a adversary but someone who also wants the transaction to go smoothly and for the buyer to be thrilled with their new home.

• Why donít the Advocates Networkís web pages automatically show all the homes for sale?

The Pro Se Real Estate^SM Program is essentially a program of legal services ñ with Advocates Network lawyers helping individuals, one client at a time.   Each lawyer helps the client sell his or her home.  The Pro Se Real Estate^SM Program helps individual clients market their individual homes.  It is not a brokerage operation.    When an Advocates Network attorney helps a buyer, he or she helps that buyer buy a specific property as well.

•   What if a buyer finds a home being offered directly by an owner who isnít assisted under the Pro Se Real Estate^SM Program?

Selling a home is a legal transaction and the rules must be followed.   Unless the seller is very knowledgeable or experienced, professional help is usually in order.   Most general practice lawyers are available to assist and ñ so long as they donít have a conflict of interest ñ Advocates Network member attorneys are there for that purpose.