If you’re over 50 and thinking about buying or selling a home, you’re in good company. The real estate market is shifting, and older adults are playing a bigger role than ever. That’s why having an experienced and trustworthy real estate attorney on your side is a smart move.

We recently interviewed real estate Attorney Gregory F. DeManche. We hope his experience and observations are helpful for anyone aging alone or facing a transition of residence throughout their lifetime. DeManche Law Group is listed as a service provider on our Services page.

Tell us about the special real estate credential you have in Connecticut that sets you apart from most other real estate attorneys.

Yes. On our website in my bio page, you will see a logo for the Connecticut Bar Association displaying Board Certified Specialist Residential Real Estate. In Connecticut, you cannot describe yourself as an attorney “specialist” unless you are certified by the Connecticut Superior Court and the Bar Association. There are only 14 attorneys in Connecticut who have this credential, only 2 in Hartford County. I am honored to have earned this credential.

Tell us about some real estate transactions you’ve done that have been with older clients or specifically solo agers.

We have worked with many individuals in that age group and demographic, including working on cases involving recently divorced older individuals.  I recently worked on a case where our law firm was engaged by one of the party’s divorce counsel to be special counsel regarding certain real estate aspects in the divorce judgment.  The divorced former spouse had the obligation to pay alimony and a lump sum out of his 401K, which is called a Qualified Domestic Relations Order (QDRO), and to have these obligations evidenced by promissory notes and secured by mortgages. We drafted and had the client execute the documents required under the judgment. The parties involved are in their late 50s.

With older clients, including solo agers, questions regarding estate planning many times come into the real estate transaction.

This example illustrates your capabilities beyond real estate transactions. Can you share another client engagement with us?

Yes. We have another client – actually, two clients – and they are in their 80s. Wonderful people.  They are both now in assisted living. I represented them when they recently sold their house. It was a bit of a challenge because they had been in that house for many decades and the change was difficult for them. They required a lot of extra handholding, which we are happy to do when needed. We are now advising them on their estate plan.

I do not mean to get into the estate planning side too much, but when we are dealing with seniors in real estate matters, it almost always inevitably comes up and we deal with it.

Sometimes, especially when folks have been living in a property for a long time, we end up finding title issues.  When you have someone who has lived in a property for 40 or 50 years or more, that predates title insurance.

Today, title insurance is heavily immersed in these transactions. If we have a title issue, we can go to the title insurance company and we can work through these issues by virtue of the title insurance policy coverage, but 45 years ago, especially in Connecticut, title insurance was not very prevalent. If you have someone that acquired property back then, attorneys issued a “certificate title” based upon the attorney’s title search and examination.

When there is no title insurance coverage, clearing title issues can be expensive, especially after 40 years and if the evidence lies outside of the recorded chain of title. Every now and then we see some strange and interesting things regarding titles on old properties.

We have closed thousands of real estate transactions, and we still run into matters where I say, “Wow. Look at that. I have not seen that before.”

For us, it is really interesting from an academic standpoint, but from the client’s perspective it can be a huge pain. Our job is to educate clients. We are going to explain – especially with an older client – here is what we have discovered, how it was discovered, why it is an issue, and what we need to do. We will present them with options and walk them through it.

In many cases, especially if our clients are local folks and it is a complicated issue, we will ask the clients to come into the office to meet face to face. We have had situations where we have to pull out maps, land record indices, and copies of documents. We cannot effectively offer counsel in these types of matters over the phone or by e-mail. Luckily, we do not have to do that too often.

It is very important to us that we educate our clients regarding their file status and give them comfort that we are going to take care of them. Thankfully so far, after 41 years practicing law, we have a reputation of taking care of our clients.

Laws continue to change, and there are things that come up, like with the new real estate broker – real estate agent rules regarding commissions. This new development has generated a lot of conversation, and the environment is fluid and evolving regarding who is going to pay the real estate agent/broker commission. Recently, we received a call from a client who is 72 years old and about to engage a realtor. He wanted us to explain this new rule and how it affects him. He is a really good guy and has been our client for decades. This is the kind of conversation that we find very engaging, and we appreciate being asked in advance for advice.

Regarding the situation with people living in a house for a very long time, have you worked with a solo ager living with an elderly parent who then moves into long-term care or passes away?

Yes. We have gone through this many times. For someone in that age group and in that particular scenario it is not just the real estate part but there is also usually at least some estate planning to consider. Let us say a solo ager child lives with their elderly mother and is helping to pay expenses and to maintain the property, which is not uncommon.  Sometimes, the house is sold because the adult child cannot continue to afford the maintenance costs of the property. Also, we have had situations where the parent has to transition into a nursing home and there is a desire for the child to maintain the property and stay in the property. This can morph into a Medicaid-Title 19 issue. These types of situations can get complex when Title 19 is involved. At that point, we would collaborate with an attorney who specializes in that type of law to make sure that we act in the best interests of our clients.

Tell us more about some of your experiences with older clients or those aging alone and what they need that might be unique.

Recently, we had a very nice meeting with an older client. Our communication was a bit challenging because she was hearing impaired and does not use the Internet. The good news is that she lived right up the street from our office. For a few weeks, until our legal work was completed, she came into our office every Friday morning with no appointment. She would just show up. We could set our clock by her arrival. She was very likeable, and we saw her as a friend of our firm. Honestly, we make every effort to earn and achieve this type of relationship with all of our clients.

With older clients, we understand and recognize that we need to have extra patience and empathy. We try to do that with all of our clients, but we have found that older clients in their 70s and beyond especially appreciate an extra personal touch. They want to be comfortable with their attorney and the attorney’s staff and know that they can trust us. They have certain challenges at that age, and we appreciate that and perform accordingly.

What particular advice would you offer to a solo ager or someone aging alone considering a transition that might involve buying or selling a property?

Our advice would be to have a consultation with your real estate attorney before you begin your selling or buying process. In some cases you may have already made your mind up and just want to get an attorney’s comments to feel comfortable with your decision. As an example, we represented a recently divorced 60-year-old female client without children buying her own house for the first time who wanted advice before she proceeded.

Lately we have received quite a few calls from people reaching out to us before they sign a contract with a realtor. We really like that. Most of the time we receive the contract already signed and then meet with the client, because the realtor often refers that person to us. It is very smart for the client to call us for guidance before they sign. We love to have a conversation with the client before they sign on the dotted line. We can educate them on the buying or selling process and advise them accordingly. That is a free consultation.

An Overview of  the Ages of Buyers and Sellers in the U.S.

According to the National Association of Realtors® (NAR), home buyers and sellers are older than ever before. Their 2024 Profile of Home Buyers and Sellers, which looked at transactions from mid-2023 to mid-2024, found:

• The average age of home buyers hit a record high of 56 years old—seven years older than previous averages.
• 73% of buyers didn’t have children under 18 living with them.
• The average home seller was 63 years old, the oldest recorded yet.

And here’s another interesting fact: Statista reports that homeownership rates are highest among people in their early 70s. In fact, 81% of those aged 70 to 75 owned their home as of 2023.

What does this mean for you? Whether you’re downsizing, relocating, or making a move for retirement, you’re part of a growing trend. And with more older adults navigating the housing market, having the right guidance—like a trusted real estate attorney—can help you make informed decisions and protect your investment.

If you are wondering if is you should rent or buy check out the free Rent vs. Buy Calculator to run different scenarios. Find it in the section Housing, Real Estate, and Home-related Resources on our Resources page.

 

About Attorney Gregory F. DeManche

 

Attorney DeManche has been in the private practice of law in the Hartford, Connecticut area since he was admitted to the Connecticut Bar in 1983.  He concentrates his practice in residential and commercial real estate on behalf of institutional and individual clients.  He has extensive knowledge of all aspects of real estate transactions. He is a Connecticut Bar Association Board Certified Specialist in Residential Real Estate.

His educational background includes Indiana University, Robert H. McKinney School of Law, Doctor of Jurisprudence; Trinity College (Connecticut), Master of Arts; Hofstra University, Bachelor of Arts.

His Bar admissions include Connecticut, United States District Court of Connecticut, United States Supreme Court.

Learn more about Attorney Gregory F. DeManche HERE.

For a real estate consultation or to engage Attorney DeManche, call (860) 674-8230, or send an inquiry with this form.