Many real estate agencies employ a land use zoning attorney to avoid any legal conflicts during the process of selling a home. Other services will be to construction companies who must file permits and other details for proper construction sites.
Land use decision making is not always a do it yourself proposition for local officials; there are times when you really should hire a lawyer. No one is eager to call a doctor or an attorney. It often means something is wrong and money will be spent.
However, there are lawyers who specialize in land use and zoning law, and may work with a variety of clients (such as municipalities, businesses, and private citizens). Consider speaking with a land use and zoning lawyer in your area if you have additional questions or need help with a particular legal matter.
There are many different circumstances in which hiring a real estate attorney is advisable. A handful of states require the presence of a real estate attorney during closings. In states where a lawyer is not required, there are circumstances in which it is in your best interest to hire someone for legal representation.
In cases of residential transactions, a buyer or seller always has the option to hire legal representation. If you have never purchased a home, or feel uncomfortable with the process, it may be best to hire a lawyer for help. There are also times when a residential real estate transaction begins easily, but disputes arise during the process.
The attorney is an expert at zoning laws and can explain them to you and make recommendations on how to resolve zoning issues and problems.
Commercial zoning laws pertain to commercial properties including office buildings, industrial and warehouses, retail and shopping center and mixed use properties. Apartment, townhouse and condominium zoning laws are generally covered under residential zoning laws. As part of your contract negotiations, you should include a contract contingency that the purchase of the property is contingent upon you obtaining rezoning or a zoning variance for the property. If you are unable to get the property rezoned or obtain a variance, you will be able to cancel the contract, and find another property that meets your needs.