Unlike some of the States, Michigan has no law on her Statute books prohibiting laymen from preparing legal instruments. So many individuals have become engaged in the industry of buying and selling real estate on land contracts, or representing others in such transactions that the advisability of excluding everybody except the profession from drawing such instruments is a debatable question. But much litigation could be avoided if no one but an experienced conveyancer would prepare such instruments.

The matters involved in the preparation of a preliminary agreement, the passing upon the marketability of the title, and the execution of the final land contract, are very often more complex than is apparent to the layman. In nearly every transaction there is some phase that is a little new and a little different from the last one. The broker who attempts to examine a title, or pass one without an examination, or encourage the purchase without seeing an abstract, not only fails in his duty as a broker, but assumes an unnecessary burden and responsibility. Nor should he be required or expected to examine titles and prepare instruments for the purpose of earning his brokerage charge.

Though haste in closing a transaction is inadvisable, yet undue procrastination on the part of the attorney in rendering the necessary services in the case, has a tendency to destroy the interest of the parties. So also does overreaching and unnecessary fault finding. Absolute co-operation between the broker and attorney is to be sought, and the lawful interests of the broker should always be safeguarded by the attorney.