The role of a real estate attorney is to facilitate the legal transfer from seller to buyer. They are responsible for reviewing and preparing documents, as well as facilitating the transfer.
The exact duties of a real estate lawyer will depend on whether the seller, buyer, or lender hires them. You also need to consider your state laws and the requirements for smooth home-buying.
What is a real estate attorney lawyer?
Real estate attorney handle “real property” transactions. Real property can be interchangeable with real-estate, which includes land and fixed structures.
Most home buyers don’t need to go to court in order to purchase real property. A real estate lawyer can review and prepare all documents related to your home purchase. This includes the contract and any other agreements with the seller. Documents from your lender and title and transfer documents. A real estate lawyer may be present at the closing, whether they are available online or in person.
Sometimes, real estate attorney lawyers can handle additional aspects of the home purchase such as title searches and title coverage to make sure there are no outstanding claims against the property. They can also assist in the transaction by facilitating it as a third party or providing documentation about the transfer of funds to the seller or lender.
If there is a problem that might prevent the sale, a real estate attorney may be able to help.
Do you need a real estate attorney lawyer?
The location of the property you are trying to purchase will play a major role in your decision to hire a professional real estate lawyer. States have different views on what constitutes the “practice law”. This means that a real estate agent in one state may need to hire an attorney in another.
You must retain a realty attorney to assist you with certain aspects of the purchase of a home in Connecticut, Delaware and Georgia.
Other states require that attorneys provide title opinions, such as in Alabama, Louisiana and Mississippi, North Dakota, South Dakota and Mississippi. This opinion is a declaration that the lawyer has examined the title abstract and found no obstacles to the real-estate transaction.
Real estate attorney may not be required in your state. However, they are recommended if you have a more complicated purchase to make, such as a short sale or if there is a problem like a neighboring building crossing the property line.
Sometimes, your mortgage lender might require that a real estate attorney be involved in the transaction. This could leave you out of pocket for attorney fees since the lawyer isn’t representing you as buyer.
If your state requires a closing lawyer, be aware that they can be hired and paid for by you. Their interest is to close the transaction.
Tip: A real estate lawyer is only representing your interests if they are hired as your advocate. You may choose to have your own counsel if the attorney is representing your lender or closing attorney (in which cases they are representing all parties in the completion of the transaction).
What is the cost of a real estate lawyer?
The cost of a real estate attorney will depend on the services you require and how they bill you. An attorney might charge a flat fee for a set of services, such as examining the title abstract or providing a title opinion. Or they may charge an hourly rate.
The majority of real estate attorney fees are included in your closing costs. It will be listed under “services that you can shop for” on your loan estimate document. This is because it is not a fixed cost. The loan estimate may change depending on who you hire and what your legal needs are.
Finding a real estate attorney
Ask your family and friends to recommend a real estate lawyer if you are looking for one. Your real estate agent may have recommendations in states that require a lawyer. To ensure that your attorney is in good standing, check their credentials with the state bar association. (State bar associations websites can help you locate real estate lawyers close to you.
The Pros And Cons Of Practicing As A Real Estate Attorney
Real estate law is undoubtedly one of the most popular areas of law. This field has been a hot choice for both law students and experienced attorneys who are looking to change practice areas. To find out what real estate law can offer you, we spoke to attorneys who practice in different situations.
Many real estate lawyers start out doing something else. Perhaps this is because real-estate law can be used as a complement to many other legal specialties, such as international corporate law, divorce law, and environmental law.
Hiring a Real Estate Attorney: A Real Estate Investor’s Guide
An experienced real estate attorney can help you find the right partner for buying or selling your property. Is a real estate always necessary? It is not. Although real estate lawyers are qualified to provide legal advice, solve disputes, navigate problems, and provide general guidance, they are not appropriate for all transactions.
What is a real estate lawyer?
A variety of roles can be performed by real estate attorney, including residential and commercial. They can help you with contracts and legal documents, as well as deal with issues related to construction and development.
Do you need a lawyer to help you buy a property?
Are you looking for a real estate lawyer to help you buy a house? Maybe. You can. However, some states require an attorney to be involved in the sale process (or at the closing table). Others leave it upto you and your lender.
