How Can You Protect Your Interests in Real Estate Contracts?
Oct. 6, 2025
Real estate transactions can be both exciting and stressful. Whether you're purchasing your first home, selling a piece of property, or investing in commercial real estate, there’s often a lot at stake.
The emotional attachment to a property, the significant financial commitments, and the sheer amount of paperwork involved can leave you feeling overwhelmed and uncertain. What’s worse is that one wrong move in a real estate contract could cost you far more than money. It could jeopardize your property rights or future plans.
That’s why legal guidance isn't just helpful—it’s essential. The attorney at Steven C. Frazier, Attorney at Law, can help protect your rights and interests during real estate transactions, whether you're located in Kingsport, Church Hill, Johnson City, Bristol, or anywhere throughout Northeastern Tennessee.
With years of experience, Attorney Frazier has seen the costly consequences of poorly written or misunderstood real estate contracts, and he is committed to working with you to make sure that doesn’t happen to you. Reach out to today to schedule a consultation.
Know What You're Signing
Real estate contracts are full of legal terms, deadlines, and fine print. Even something as simple as a missing initial or unclear clause can create significant problems down the road.
Before you sign, it’s important to read every part of the contract carefully. Many buyers and sellers don’t realize that standard contracts are often drafted to favor one party; typically the seller or the real estate agent. What might look like a harmless paragraph can actually leave you with fewer rights or increased responsibilities.
If you’re unsure about any term or condition, don’t guess. Get help. Steven C. Frazier, Attorney at Law can help review your contracts to help you make informed decisions.
Watch Out for These Common Pitfalls
Real estate contracts often contain hidden risks. Knowing what to look out for can help you avoid legal trouble and financial loss. Some of the most common contract issues that you may encounter include the following:
Vague contingencies: Clauses that lack clear deadlines or terms for financing, inspections, or repairs can lead to disputes.
Unclear property boundaries: Without a proper legal description or recent survey, you could be buying a boundary dispute.
Title problems: If the title isn’t clean, you could inherit liens, unpaid taxes, or even competing ownership claims.
No exit options: A contract that doesn’t allow you to walk away under certain conditions can trap you in a bad deal.
Closing delays and penalties: Some contracts penalize delays, even if they’re not your fault. These terms need to be fair to both sides.
Unbalanced responsibility for repairs: Watch for clauses that shift all repair obligations to one party, especially without specifying a dollar limit.
While real estate agents often fill in templates, these documents aren’t tailored to your unique situation. A lawyer can review and revise the terms so they work for you, not just the other party.
Make Sure Contingencies Work in Your Favor
Contingencies give you the legal right to back out of real estate contracts without penalty if certain conditions aren’t met. They’re a powerful tool for protecting your interests, but only if they’re worded correctly. Some contingencies every buyer or seller should consider include:
Financing contingency: This allows the buyer to terminate the agreement if they are unable to get a mortgage.
Home inspection contingency: This gives the buyer the right to walk away or negotiate repairs based on inspection results.
Appraisal contingency: This lets the buyer withdraw if the property appraises for less than the purchase price.
Title contingency: This protects the buyer if any title issues arise before closing.
Sale of current home contingency: This gives buyers time to sell their existing property before committing to the purchase.
Each contingency should have a specific deadline, and the contract should clearly explain what happens if the condition isn’t met. Attorney Frazier can help you structure contingencies in your real estate contracts in a way that provides flexibility and peace of mind, so you’re not locked into a deal that doesn't make sense.
Don’t Rely Solely on the Real Estate Agent
Real estate agents play an important role in transactions, but they’re not allowed to give legal advice. Their focus is usually on closing the deal, not on protecting your legal interests.
It’s a common mistake to assume that the agent’s contract template is good enough. In truth, these forms are often one-size-fits-all and may not reflect your best interests or current Tennessee law. That’s where a lawyer can step in to provide personalized legal protection. Some reasons you should consider hiring a lawyer in addition to your real estate agent include:
Custom contract terms: A lawyer can draft or revise contract language to fit your needs.
Legal advice on disputes: If negotiations stall, an experienced attorney can step in to develop tailored legal solutions.
Review of all documents: A lawyer will review not only the contract but also disclosures, title reports, inspection findings, and closing documents.
Protection during closing: An attorney can make sure nothing is overlooked at closing that could cause legal issues later.
Even if your agent is experienced and well-intentioned, they can’t replace a legal advocate. An experienced real estate lawyer can help you make better-informed decisions and protect your rights during a real estate transaction.
Be Proactive About Disclosures and Repairs
Tennessee law requires sellers to disclose specific known issues with the property in their real estate contracts. However, not all problems are obvious or honestly reported. Buyers should be cautious, and sellers should protect themselves with accurate documentation. Some tips for managing disclosures and repairs include:
Get everything in writing: Don’t rely on verbal promises about repairs or property conditions. Get these promises in writing that you can use for future reference.
Include repair timelines in the contract: Repairs should have precise deadlines and standards for completion.
Negotiate who pays for what: Don’t assume the other side will cover certain costs. Make sure these promises are documented in writing.
Review the seller's disclosure form closely: An attorney can help you interpret disclosure forms and identify potential red flags in a contract before committing to the purchase.
Sellers can also benefit from legal guidance. An incomplete or misleading disclosure can lead to lawsuits down the road. An experienced attorney can help sellers draft clear and truthful statements that protect them from future claims.
Don’t Skip Legal Review Before Closing
Once you’ve signed the contract, the work isn’t over. Many issues can arise during the final stages of a transaction, especially during title review, inspections, and final negotiations. Therefore, it's important to conduct a thorough legal review of the purchase before the keys or check are turned over. Some final steps that benefit from legal oversight include:
Title and deed review: Your attorney will check for any existing liens, easements, and other title issues before closing.
Closing disclosures and loan documents: Your attorney can review your contracts to ensure you're not signing anything that includes hidden fees or unfair terms.
Escrow and payment handling: Your attorney can verify that the escrow instructions align with your agreement and that the funds are distributed correctly.
Final walkthrough concerns: If last-minute problems show up during the final walkthrough, an attorney can help you respond quickly and legally.
Too many people assume closing is a “done deal.” However, until the paperwork is signed and recorded, your rights and money are still at risk. An attorney can help alleviate stress and answer any last-minute questions before the sale is completed.
Contact a Trusted Real Estate Lawyer Today
Your property is too valuable to leave to chance. Therefore, creating carefully written real estate contracts can be the difference between a smooth transaction and a costly legal battle. Whether you're buying your dream home, selling a rental property, or investing in commercial real estate, legal guidance gives you the power to move forward with confidence.
At Steven C. Frazier, Attorney at Law, Attorney Frazier has helped clients across Kingsport, Church Hill, Johnson City, Bristol, and Northeastern Tennessee protect their interests, understand their rights, and walk away from the closing table with peace of mind. Reach out today to schedule a consultation with an experienced real estate attorney.