when should i hire a real estate attorney

If you are a seller, you should hire a real estate lawyer if any of the situations apply to you:

• If you are selling land on behalf of a deceased relative
• If there are structural issues with your property
• If you, as an individual, have a history of property liens
• If you are in the process of negotiating a divorce
• If you are currently in the middle of a short sale or foreclosure

Full Answer

Do you need a real estate attorney in Illinois?

Some states mandate that home buyers hire an attorney for the real estate closing while others stay silent on the matter. Illinois is one of the states that does require you to have a lawyer review your purchase agreement before finalizing your home purchase.

How much is a real estate attorney for closing NJ?

between $1,500 and $2,500Generally, attorneys charge between $1,500 and $2,500 in fees, but it all depends on the type of sale and the types of houses in New Jersey. State, city and county transfer taxes. It varies depending on the sale price, but is usually 1%. If you're a disabled veteran or age 62 or older, it could be 0.05%.

Who pays the closing costs in NJ?

In New Jersey, as in most states, it's common for both the buyer and seller to have their own closing costs during a home sale. It's typical for sellers to pay for the real estate agent commissions, transfer fees relating to the sale of the home, and (in some cases) their own attorney fees.

Who pays the title company at closing in New Jersey?

Typical seller closure costs Usually, it's charged to the buyer and seller- normally it's between $250 and $300 and the title company will just charge the buyer," explains Geschwein. "This fee that they charge on both sides is kind of unique to NJ, and may come as a surprise to homebuyers."

What is the average cost of a real estate attorney in New Jersey?

Real Estate Attorney Costs in New Jersey In north and central New Jersey, flat legal fees average between $1,000 to $1,500 for residential sales, and $1,500 to $3,000 for commercial.

Do I need a real estate attorney to buy a house in NJ?

No, you do not need an attorney to buy or sell a home in New Jersey. There is no legal requirement in New Jersey that an attorney must be involved in any stage of a real estate transaction.

Do you need a real estate attorney in New Jersey?

New Jersey law does not require the use of an attorney for real estate transactions. However, many state residents still decide to engage legal advice when buying or selling a home. Review the common situations when a real estate attorney can assist with a New Jersey sale or purchase.

Who pays recording fees in NJ?

46:15-7.2 imposes a fee on the recording of the deed for the sale of real property when the consideration paid is more than $1,000,000. While the seller pays the RTF, the buyer pays this supplemental fee of one percent of the consideration recited in the deed.

When Do You Need to Hire a Real Estate Attorney?

Knowing when to hire a real estate attorney is very crucial. Here are four circumstances when you should work with a real estate attorney:

What is a real estate attorney?

A real estate attorney will review all this real estate paperwork and spot any problematic wordings or legal issues.

How much does a real estate attorney charge?

The hourly fee charged by real estate attorneys ranges from $150 to $350. Others will simply charge you a flat rate for their services. When you are buying or selling a house, you might be tempted to avoid hiring a real estate attorney in order to cut costs. However, this is a decision that could end up having detrimental consequences. Every real estate investor must know when to hire a real estate attorney and make the decision accordingly.

When is a real estate transaction complex?

When the real estate deal is complex – An attorney will come in handy when the real estate transaction involves unique or complex issues such as beachfront property, historical rental property, oil and gas rights, riparian rights, zoning, and adverse possession claims.

What to ask for when buying a residential property?

One of the things which you must demand is a full home inspection. Your attorney will liaise with the home inspector to ensure that the investment property for sale is in good shape, as well as check for any judgments, encumbrances, and liens.

Can a buyer claim to be the owner of a home if the deed is not recorded?

There have been numerous cases about income properties that were bought, but no deed was recorded. If a deed is not recorded properly after real estate closing, the buyer cannot claim to be the legal owner of a home. A real estate attorney will see to it that the deed is properly filed and recorded.

Do real estate investors understand mortgages?

Most beginner real estate investors don’t fully understand mortgages and the legal bindings involved. Real estate attorneys have experience in dealing with mortgages and related documents. Your attorney will explain the terms and conditions outlined in mortgage documents. They might even contact lenders on your behalf and negotiate better terms.

How much does a real estate lawyer charge?

Real estate lawyers may also charge based on a flat rate ranging from $500 to $1,500. Much like the hourly rate, the range is dependent on the details of your case.

Do lenders hire an attorney to close a loan?

In some states where it is required by law for a real estate lawyer to be present to oversee the final closing, lenders will hire an attorney to represent them.

For Sale By Owner

If you are selling your home For Sale By Owner (FSBO) then it is advisable that you contact a real estate attorney prior to your listing your home and have your attorney review any purchase offers that come to you from buyers. A purchase offer can be a simple document that offers to purchase a home for a certain amount of money.

Divorce

Going through a divorce is a process that may or may not be complicated depending on custody and asset division issues if there are any. Add into the divorce process the need to sell a house then things can get more complicated.

Post Sale Problems

You have closed on your home purchase and now are encountering problems with your home. Some problems may just be routine problems that are commonly associated with home ownership.

Commercial Real Estate Transactions

Whether you are selling, buying or leasing commercial space the protections afforded sellers, buyers and tenants in the commercial real estate area are much less than those found in residential real estate transactions.

Final Thoughts

With the large sums of money involved in real estate it is always best to discuss your plans and needs with a real estate attorney ahead of time. By establishing a relationship with your real estate attorney before an immediate need arises you are ensuring that your attorney knows your goals and can step in when needed to deliver timely input.

Do you have any questions about the services above?

Paul Sian is a licensed attorney in the States of Ohio and Michigan. If you feel you need the services of an attorney or have questions about any of the services named above feel free to contact me at [email protected] or via phone at 513-943-5668. Connect with me on Twitter and Facebook.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney cost?

How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction . Some attorneys charge hourly, ranging from $150 to $350 per hour.

What is an escrow manager?

Escrow manager: The escrow manager, officer or agent is a third-party representative responsible for holding funds during the transaction and making sure every party gets paid the correct amount at closing. In some cases, escrow officers work at title companies, blurring the lines of which party is distributing funds at the closing table.

What to do if you have liens on your home?

Liens: If there are outstanding liens on your home, an attorney can help resolve those issues and clear the path to closing. They can communicate with the title company to make sure all lien holders get paid correctly.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

What to do when selling a house with someone other than your spouse?

Joint sale: If you are selling a home with someone other than your spouse, an attorney can help you keep both your best interests in mind . As mentioned before, an attorney for each party ensures both sellers’ interests are prioritized.

Why do you need a real estate agent?

One of the best reasons to hire a real estate agent is that the sellers are likely to use their own agent— and you want to keep that agent from taking over the process. In fact, the seller's agent might pressure you to let him or her represent both seller and buyer, in a " dual agency " relationship that primarily benefits the seller.

What do experienced real estate agents do?

What's more, experienced agents usually have contacts with good inspectors, mortgage loan brokers, and others who can make your buying process easier. And they know what's considered appropriate behavior and practice in your geographical area.

How much commission does a seller pay?

The seller typically pays the commission to both the seller's agent and your agent—usually around 5% of the sales price, to be split between the two agents. This percentage isn't cast in stone, however. For example, the seller might negotiate the percentage down if the house is particularly expensive. (And in probate sales, the court sets the commission.) Some buyers' agents have even been known to offer the buyer a percentage of their commission at closing.

How much does an attorney charge per hour?

Attorneys normally charge by the hour, at rates ranging from $100 to $500. You might also find attorneys who charge flat fees for specific services, such as preparing real estate closing documents.

How to get through the process of buying a house?

The process of buying a house is complex, and most people find it's easiest to get through with an agent by their side. Paperwork will be flying around like a small tornado, and it can be helpful to have someone familiar with the process to deal with it. Other parts of the transaction will be happening quickly too—hiring inspectors, negotiating over who pays for needed repairs, keeping up good relations with the sellers (through their agent) and more.

Who wrote Nolo's Essential Guide to Buying Your First Home?

To learn more about working with agents and attorneys to bring about a smooth, affordable house purchase, see Nolo's Essential Guide to Buying Your First Home, by Ilona Bray, Ann O'Connell, and Marcia Stewart.

Can a real estate agent answer a legal question?

However, legal issues might arise that your real estate agent can't answer. In that case, you'll need an attorney's help. Although good agents know a lot about the negotiating and contracting part of the process, they can't make judgments on legal questions. For example, what if your prospective new home has an illegal in-law unit ...

What does a real estate attorney do, anyway?

The job of a real estate attorney is to negotiate and make a transaction come together in a peaceful manner that’s fair and amenable to all parties.

Why do you need an attorney when selling a house?

You’re the heir or executor of a property whose owner is now deceased. You’re selling a house with an uncooperative partner. You have judgments or liens on the property.

What is the education required for real estate agents?

As part of agents’ licensing education, they’re taught and tested on real estate contracts used within their state, many of which also require continuing education courses and/or certifications on subjects such as ethics, buyer’s agency, distressed property sales, and more.

Which states require a real estate attorney to be present at closing?

These include Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. Keep in mind that these rules can vary by region within states, too.

Who attends closing with real estate agent?

In case any last-minute issues crop up, the attorney will attend your closing along with your real estate agent and possibly a representative from your lender.

Does realtor.com make commissions?

The realtor.com ® editorial team highlights a curated selection of product recommendations for your consideration; clicking a link to the retailer that sells the product may earn us a commission.

What happens when you hire a lawyer?

When you hire a lawyer, your lawyer only works for you and will make sure your interests are protected. 4. There is a problem with the property or the deal. A lawyer can help you resolve some of the tougher, more technical issues that might come up.

What happens if you make an offer on a house and aren't represented by a real estate agent?

If you make an offer on a house and aren't represented by a real estate agent, the seller's agent may offer to take care of everything. This is known as “dual agency," and it can cause problems because one agent cannot truly look out for the best interests of both you and the seller.

What to do if someone threatens to sue you?

You may also need legal advice if the property is involved in a foreclosure or other litigation, or if you get into a dispute with the buyer or seller. Always talk to a lawyer if someone threatens to sue you. 5. You are concerned about the tax consequences.

What can a lawyer do for you?

A lawyer can help you resolve some of the tougher, more technical issues that might come up. These may include easements, rights of way, boundary disputes, or other issues involving the property the house is on. You may also need legal advice if the property is involved in a foreclosure or other litigation, or if you get into a dispute with the buyer or seller. Always talk to a lawyer if someone threatens to sue you.

What is a "for sale by owner" deal?

A “for sale by owner" deal can save you money on real estate commissions, but you still need someone to prepare the purchase agreement, deed, and other documents. A lawyer can get your paperwork in order, ensure the title is good, and help you with the fine points of negotiating the transaction. 3.

What to do if you are buying a home and have legal questions?

If you're buying or selling your home and have legal questions, check out our personal legal plan and talk to an independent attorney in your state .

Can you deduct home office expenses if you are a seller?

If you are the seller, you could be liable for capital gains tax if the home has increased in value. If you are the buyer, you may be able to deduct mortgage interest, home office expenses, and some or all of your property tax.