When Do You Need To Get a Real Estate Lawyer?

Jorge JohnsonDecember 15, 2023

The role of a real estate lawyer is multifaceted. It is important to know when a real estate lawyer may be of assistance to you.

A Real Estate Lawyer’s Role

A real estate lawyer performs several important functions. An attorney can review contracts to identify potential risks that clients are unaware of. To protect client interests, they can ensure certain clauses are incorporated into real estate contracts. They may assist in preparing commercial or residential real estate contracts. Lawyers can also review or draft leases, easements, restrictive covenants, or buyback provisions.

It is also possible for real estate lawyers to prepare deeds to transfer ownership legally. It is also possible for them to look at a chain of titles to determine if there are any clouds on it that could interfere with the value of the house.

Importance of Hiring a Real Estate Lawyer

Real estate lawyers are only concerned with protecting their client's interests. It is possible that real estate agents are more concerned about getting their commissions paid after the transaction is completed. Real estate agents may also represent both buyers and sellers in a real estate transaction, which creates a conflict of interest. In many cases, buying a house is the most expensive purchase people will ever make, so hiring a lawyer who specializes in real estate is a smart idea to avoid mistakes that may negatively affect the client. In this case, hiring a real estate lawyer is a good idea.

Here are some other reasons why you should hire a real estate lawyer:

To comply with the law: Real estate lawyers are required in some jurisdictions to deal with real estate transactions as a legal requirement. It is considered an unlicensed practice of law in these states when other professionals are involved instead of real estate lawyers. Georgia, North Carolina, Florida, South Carolina, New York, and New Hampshire are among these states. During a real estate transfer, a real estate lawyer is required to provide oversight and guidance. Reviewing the title from the very beginning to signing documents at the end is part of this process. Deeds, mortgage documents, and promissory notes must be drafted by a lawyer in Alabama, but title searches and insurance issuance can be handled by a non-lawyer. Clients in these states can choose their own legal counsel.

Understanding of the Complexities

Real estate lawyers are always a good idea when conducting business in real estate, but they are essential when complicated issues are involved. An adverse possession claim, water right disputes, easement disputes, coastal zone disputes, zoning disputes, or oil and gas disputes may present complex issues.

A real estate lawyer can explain the legal issues and potential implications involved in these types of transactions, making the process more cost-effective in the long run. Moreover, state and federal laws may apply in these cases, which, if not adhered to, could result in the client's lawsuit being dismissed.

A Property Of High Value

When the property involved in the transaction is valuable, it is also critical to hire a real estate lawyer. If a person invests large amounts of money in a property, whether it is a personal deposit or an investment, they should ensure that the property will preserve its value and be a good investment. 

As well as ensuring that the contract includes provisions that protect the buyer's investment, a real estate lawyer can make sure that a thorough home inspection is required and a lawyer review is included. The lawyer can negotiate with the seller if any issues arise during this process. The lawyer can also investigate liens, judgments, and encumbrances attached to the property that might affect the sale.

In The Event Of Legal Issues

Real estate transactions can involve legal issues. It is possible for a buyer to discover that a home has been modified illegally. Zoning ordinance changes may defeat the purpose of the transaction. An experienced real estate lawyer can explain the impact of tenants living on the property on the closing process. Lawyers can explain to clients their rights and untangle legal issues.

If you’re looking to make your career in the legal field, learn about the seven steps to law school.

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