what kind of attorney real estate investing

by Cecil Durgan 6 min read

A real estate attorney offers a variety of legal services related to real property and transactions involving real property. Real estate transactions often involve significant financial investments. Working with a real estate lawyer helps protect your investment. What Does a Real Estate Attorney Do?

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What does a lawyer specialize in real estate?

Dec 10, 2021 · A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the …

How can a real estate lawyer help protect my investment?

Sep 04, 2020 · Updated November 10, 2020. A real estate attorney offers a variety of legal services related to real property and transactions involving real property. Real estate transactions often involve significant financial investments. Working with a real estate lawyer helps protect your investment.

Do I need a lawyer to start a real estate investment company?

Feb 25, 2020 · Finding a real estate attorney. If you've decided you want the help of a real estate attorney for a real estate matter, ask your lender, title company, or real estate agent for a referral. You can also ask for recommendations from friends and loved ones. Before hiring a real estate lawyer, schedule a consultation to see if it's the right fit.

Who is the best lawyer for commercial real estate transactions?

Mar 16, 2021 · If you plan to be in the real estate business for the long term, asset protection is a serious consideration. I tend to recommend that all investors have some type of asset protection strategy in place. That said, the best way to get an asset protection strategy that is customized to your personal needs is to hire a sharp asset protection attorney.

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What does an investment lawyer do?

A securities lawyer is an attorney that specializes in the often complex and changing laws and regulations that apply to financial investments. These specialists can provide significant benefits to you both in planning your investments as well as in recovering any losses from wrongdoing.

What does a real estate attorney do for a buyer?

A real estate attorney's role is to ensure the legal transfer of property from seller to buyer. These attorneys handle tasks like preparing or reviewing documents, ensuring that the title is clear and facilitating the transfer of funds.Apr 6, 2021

What are the things you should know about real estate lawyers?

A real estate lawyer has to develop his knowledge base, skill sets and network based on the industry. It is best advised to go to one in case of a real estate dispute or query as they have the specialised knowledge of the domain. One may learn the specialised knowledge from doing a real estate law course.Sep 22, 2018

What is an estate attorney?

Estate planning attorneys, also referred to as estate law attorneys or probate attorneys, are experienced and licensed law professionals with a thorough understanding of the state and federal laws that affect how your estate will be inventoried, valued, dispersed, and taxed after your death.

How much do attorneys make?

Comparatively, according to the US Bureau of Labor Statistics the national average annual remuneration of a lawyer is just below $145 000, approximately $12 000 monthly. With a 2019 national average income (all industries) of $68 703 annually and $5 725 monthly.Apr 19, 2021

What is a real estate attorney?

A real estate attorney can assist in the negotiation and drafting of the construction contract and handle the closing of the construction loan. Four common types of construction contracts include unit pricing contracts, cost plus contracts, lump sum/fixed price contracts, and time & materials contracts.

What is the role of an attorney in real estate negotiations?

An attorney performs due diligence to protect the client’s best interest while giving the client legal advice regarding the real estate matter.

Why is it important to have an attorney review a real estate contract?

It is important to have an attorney review a real estate agreement before signing the contract. Breaching a contract (failing to perform the terms and conditions within the contract) can result in costly real estate litigation and damages.

What is the job of an attorney?

An attorney’s job is to protect his or her client’s best interest. The attorney cannot do that when the attorney represents parties that have adverse concerns. Throughout a real estate transaction, the attorney provides sound legal counsel to his or her client.

Can a real estate attorney write a title insurance policy?

Some real estate attorneys can also write title insurance policies as agents for a title insurance company. Title insurance companies offer insurance that covers title defects and problems. The fee for title insurance is usually based on the sale price of the property or the mortgage loan amount. Before an attorney or title insurance agent can issue a title insurance policy, a title search must be completed.

What happens if a real estate contract is not drafted correctly?

However, if a real estate contract is not drafted correctly, the parties could incur substantial costs and time attempting to enforce the terms of the contract. Real estate lawyers have extensive experience drafting and reviewing real estate contracts.

Does title insurance cover closing?

Most title insurance policies contain exclusions and exceptions that the policy does not cover. It is important to discuss title insurance with an experienced real estate lawyer before a real estate closing. An owner needs to understand what the title insurance policy covers and what is not covered.

What are the services of a real estate lawyer?

In addition to document preparation, a real estate lawyer generally offers the following legal services: 1 Negotiations. 2 Reviews and due diligence. 3 Assistance with building and development projects. 4 General litigation. 5 Foreclosure proceedings. 6 Closings. 7 Title and lien searches. 8 Deed transfers. 9 Resolution of zoning issues. 10 Coordination with lenders, title agents, surveyors, and other parties in the transaction.

Why do you need a real estate attorney?

One of the most common reasons you'd use a real estate attorney is to draw up a contract or legal document. Attorneys can help you draft: Your sales contract/purchase agreement. Leases. Eviction notices. Title documents. Mortgage contracts and documents. Title and deed transfer documents.

Why is a lawyer important?

A lawyer can be extremely valuable in helping you evaluate deeds, titles, and the terms of contracts. Too often, clients call for help after they’ve made a purchase or signed a contract that wasn’t in their best interest.

Who is Scott Royal Smith?

Scott Royal Smith is an asset protection attorney and long-time real estate investor. His law firm, Royal Legal Solutions, helps thousands of real estate investors and entrepreneurs in all 50 states protect more than $1.2 billion in assets. Since 2014, he has published over 1,000 posts and articles on BiggerPockets and has appeared on hundreds of podcasts.

How to invest in real estate?

Success or failure at real estate investing often comes down to the math. Investment real estate should make you money—that's the point of an investment—so it's critical to avoid these common mistakes: 1 Paying too much. Know the market, and don't overpay because you fall in love with a house. Look for motivated sellers, wholesale properties, and “the worst house in the best neighborhood." 2 Underestimating expenses. The purchase price is just the beginning of the money you'll spend on investment real estate. Before you buy, compare your expenses to the income you can expect to receive. In addition to the down payment and monthly mortgage payment, typical expenses include:#N#Renovations. Some experts advise adding 50 percent to both the estimated renovation costs and the amount of time that will be needed to complete them.#N#Ongoing rental property expenses, like homeowners' association fees, taxes, insurance, maintenance, and utilities, plus occasional larger expenses like a new roof. You'll periodically have vacancies with no tenants and no rent coming in. Expect to spend at least 35-50 percent of the monthly rent amount on these expenses, in addition to your monthly mortgage payment.

What does it mean to rehab a house?

Rehabbing a house or apartment building means doing a lot of physical labor or managing several contractors—or both. People who do it successfully usually have some skills or training in real estate or remodeling or repair.

Is real estate investment profitable?

Real estate investing can indeed be profitable, but you need some business savvy, diligence, and a willingness to take risks. It all looks so easy on HGTV: A couple buys a house, does a complete makeover, and sells it for a tidy profit. Sometimes things go wrong, but, in the end, everyone is happy.

What does a realtor do?

A realtor can help you understand what properties are available and give you sound advice on what areas are growing in demand. They also can help with the contracts you will need in some states—although you may be better off using a qualified real estate lawyer when negotiating contracts for the purpose of investing.

What is real estate trading?

Real Estate Trading. Real estate investment companies do two basic things: invest in real estate and trade in real estate. Essentially, real estate investment is a long-term investment wherein you purchase real estate with the intent of keeping properties to rent out, while real estate trading is a short-term investment, ...

What is a clear investment strategy?

A clear investment strategy will affect what legal issues you will need to consider and even what type of business entity will best protect your interests. This of course includes deciding whether you plan to focus on investing in properties long-term or trading them quickly, but it also must include smaller considerations, such as whether you plan on purchasing single or multi-unit properties and commercial or retail spaces.

Do investment properties need insurance?

Insurance. Most investment properties must have insurance —and the right kind. That’s why it is vital to insure properties correctly from the day the deed passes into your company’s control. Make sure to do your research and talk to an insurance agent or a real estate attorney to discuss the type of coverage you may need.

Do you have to pay taxes when you incorporate?

Of course, no matter how you incorporate, you will face some significant regulatory requirements as soon as you acquire your first property. You will need to pay taxes and insurance on the property, as well as ensure that the property is up to code.

What is flipping real estate?

Flipping real estate is a process by which investors purchase a property and resell it quickly for a profit. Usually, the idea is to make minimal changes that will make a property more attractive to buyers in order to make a marginal profit. Flipping is a popular term for residential redevelopment, as well.

Is flipping a house profitable?

Both flipping houses and renting properties can be lucrative options, and both can create major losses, depending on how well you do. Ultimately, both strategies are common in real estate investment companies. You just will have to decide which strategy better suits your company’s needs.

What does it mean to be a real estate investor?

A real estate investor (a successful one, that is) understands when and where to buy investment properties. This requires them to have extensive knowledge in the real estate market to start making money. Buying blindly puts you at risk of losing your cash and investment.

What is the most rewarding job in real estate?

1) Real Estate Investor. Becoming a real estate investor is the most rewarding career in real estate! Real estate investors are those who buy properties or land, try to maximize their profits, and then sell their investment. However, there’s more to this job than just transactions.

What is the salary of a mortgage broker?

Are you good with people AND numbers? If you answered yes, you might have a future as a mortgage broker! A mortgage broker serves as an intermediary between the lender and the borrower and doesn’t actually loan any money. Mortgage brokers are contractors who analyze mortgage loan products and advise customers on loan availability, qualification requirements, interest rates, and terms. According to Realtor.com, the average salary for a mortgage broker is $51K and to become one, you need to: 1 Undergo the pre-licensing mortgage broker training 2 Pass the SAFE Mortgage Loan Originator Test 3 Apply for your mortgage broker license 4 Obtain a mortgage broker bond 5 Develop a network of lenders and buyers 6 Continue your education on mortgage lending

How many real estate licensees are there in the US?

In fact, the Association of Real Estate License Law Officials (ARELLO) estimates that there are nearly 2 million active real estate licensees in the US alone. Real estate careers offer so many benefits to those who don’t want to work at a traditional nine-to-five job.

Who is Eman from Mashvisor?

Eman is a Content Writer at Mashvisor. With a focus on market reports, she enjoys researching the state of the real estate market in different cities across the US. Eman also writes about trends, forecasts, and tips for beginner investors to gain the confidence and knowledge they need to make wise decisions.

How many years of college do I need to become a real estate developer?

Typically, anyone looking to become a real estate developer must have at least a four-year degree in studies such as Civil Engineering, Architecture, Urban Planning, or Business Real Estate. Moreover, you need to have a good understanding of the economy, real estate market, planning process, and finances.

Do real estate investors invest passively?

As mentioned, there are real estate investors in the industry who invest passively. Some of them invest in rental properties but don’t manage them themselves. Instead, they hire property management to take care of their investment. As a property manager, you ensure the financial and physical well-being of the real estate property. You’ll also have to ensure the tenants of the rental property are satisfied, and you’ll have to work with the property owner to ensure everything is functioning smoothly.

What is Peart Law Office?

Peart Law Office PA is a team of real estate lawyers based in Tampa, Florida, that offers residential and commercial legal services, estate planning, and civil litigation. The firm has over 12 years of experience handling a range of real estate matters, such as drafting deeds, foreclosures by small businesses and individuals, and quiet title suits. Agents have experience with property and construction disputes, as well as title defects. Attorneys are members of the Florida Bar Association.

What is a law?

A Law is a Tampa-based firm assisting clients with real estate issues, specifically title and closing services. It provides information and representation concerning the transfer of real property and conducts secure transactions including purchases, refinances, commercial deals, and REO and CWCOT auctions. A Law is experienced with reverse mortgages and home lines of credit. Clients also receive assistance with loan modification, bulk securitization and investor acquisitions and loans. A Law provides deed preparation services as well.

Who is Awerbach Cohn?

It works on behalf of title insurance underwriters to represent property owners and mortgage lenders in real estate transactions. The firm is versed in title litigation and helps those embroiled in ownership and entitlement disputes to resolve issues in and out of court. Awerbach Cohn also handles both residential and commercial foreclosures. Partners Martin S. Awerbach and Michael A. Cohn are both certified circuit civil mediators.

What is Becker and Poliakoff?

It practices real estate law and its efforts concentrate on development. It represents developers of both multi and single-family communities as well as business owners and financial institutions. The firm facilitates the purchase of unimproved land and improved properties for both residential and commercial use and guides clients through the entirety of real estate transactions, representing them in litigation should it arise.

Who is Fuentes and Kreischer?

Fuentes and Kreischer, PA is a Tampa-based firm with clients from throughout the city and the surrounding areas. Albert C. Kreischer, Jr. and Lawrence E. Fuentes have both been working as lawyers since 1973, and each has received the coveted "AV Preeminent" rating from Martindale-Hubbell. They can represent clients in legal matters related to the acquisition, development, financing, and sale of residential and commercial properties alike.

What is Bivins and Hemenway?

Bivins and Hemenway PA is a law firm in Valrico which is active throughout the Tampa metro area. The firm handles real estate related cases and is familiar with the sale, transfer, development, leasing, and financing of both residential and commercial properties including those in distress. It assists clients in ending disputes both through mediation and litigation, sometimes pursuing financial restitution for egregious violations or failure to provide obligated funds. Bivins and Hemenway PA also performs title and closing services.

Who is Gibbons Neuman?

Gibbons Neuman is a Tampa-based law practice with 10 attorneys on its staff, handling a range of civil and commercial cases. They are qualified to help clients going through bankruptcy and to represent individuals and corporations in real estate transactions, creditors' rights disputes, and insurance litigation.

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Understanding The Process of Starting A Real Estate Investment Company

  • Starting a real estate investment company can be a fairly simple process, since there are few regulatory requirements to begin. Investing in real estate does not require any particular entity, and some people even begin a real estate investment company simply in their own name as a sole proprietorship. Once you find financing and purchase your first property, you have the begi…
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Real Estate Investment vs. Real Estate Trading

  • Real estate investment companies do two basic things: invest in real estate and trade in real estate. Essentially, real estate investment is a long-term investment wherein you purchase real estate with the intent of keeping properties to rent out, while real estate trading is a short-term investment, wherein you buy a property that needs fixing up and flip it for a higher price soon aft…
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Legal Issues to Consider

  • When starting a real estate investment company, there are a few key legal issues that you must deal with from day one.
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Working with A Realtor

  • When you’re starting out as a real estate investment business, you will be at a large disadvantage if you are not familiar with the real estate market where you will be operating. Unless you have a partner who is experienced in this industry, it may help to work with a realtor. A realtor can help you understand what properties are available and give you sound advice on what areas are grow…
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FAQ

  • Can I use a real estate investment company to invest in REITs?
    Yes, but it requires a different skill set. REITsare bought and sold on exchanges and operate more like stocks than traditional real estate investments. If your real estate company is planning on investing in REITs, it may be helpful to talk to a real estate lawyer about the different risks involv…
  • Do I need to hire a property manager for my real estate company?
    It depends. You can hire a professional to manage the properties or take care of maintenance, repairs, and emergencies yourself, but either way, someone will need to be responsible for such issues. You’ll have to analyze the costs and benefits of each option based on your unique circu…
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