when to hire a property attorney

Here are four circumstances when you should work with a real estate attorney:

• When it’s mandatory – In some states, a licensed real estate attorney must be involved in any real estate transaction. ...
• 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.

Full Answer

When should you hire a real estate attorney?

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.

When do you need to hire a lawyer for property damage?

If you have a civil issue involving a property dispute or issue, you may need to hire a civil real estate or property lawyer in your area. If you are facing any type of charges for theft or destruction of property, then a criminal lawyer may be necessary to help you with your case.

Do I need a lawyer to buy a commercial property?

Commercial transactions are too large and expensive to be handled only by a real estate agent. 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.

Do I need a lawyer at a real estate closing?

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. Whether buying or selling a property, a lawyer can ensure your legal rights are protected.

What happens if a buyer doesn't have a lawyer?

What to do after selling a house?

Do you hire one lawyer for the same transaction?

Can a real estate lawyer help you sell your house?

Can a property lawyer help you with a property transaction?

When do you have an expert?

Is it mandatory to hire a property lawyer?

See 2 more

About this website

Why do you need a lawyer for real estate?

Whether buying or selling a property, a lawyer can ensure your legal rights are protected. Commercial real estate transactions and overly complex situations require real estate lawyers to guarantee a party’s best interests are upheld. If you are deciding whether to hire a real estate lawyer, keep reading for guidance in your decision-making process.

What Do Real Estate Attorneys Do?

Other times, real estate lawyers are only hired to act as litigators if a dispute arises in the process of a transaction. There are two subsets of real estate law: commercial and residential. Commercial real estate lawyers work with businesses to buy, sell, lease, and develop properties. Residential lawyers can prepare and manage mortgage, title, and closing documents associated with buying a home.

What happens if there is a discrepancy in a real estate transaction?

If there is ever a discrepancy during the transaction, it may be in your best interest to hire help. Real estate transactions are expensive, and if mishandled, can result in decades of problems for the buyer.

What to do if a real estate transaction is cut and dry?

If a real estate purchase is not simply cut and dry, hire a lawyer for guidance. Transactions including problems with titles, disclosure, mineral or surface rights, and tax concerns can all lead to the need for a real estate lawyer. If there is ever a discrepancy during the transaction, it may be in your best interest to hire help.

What to do if you are involved in a commercial sale?

If you are involved with any commercial purchase or sale, always contact a real estate lawyer. The investment and purchase are too big to be left to agents not educated specifically in real estate law.

What to consider when buying a commercial property?

When buying a commercial property, there are many factors to consider that are not present during residential transactions. Commercial real estate lawyers will be present to advise you on environmental concerns, zoning issues, liens, easements, legal description accuracy, structural conditions, and any rents derived from the property.

What is a commercial real estate lawyer?

Commercial real estate lawyers work with businesses to buy, sell, lease, and develop properties. Residential lawyers can prepare and manage mortgage, title, and closing documents associated with buying a home.

How to contact a property damage lawyer?

Call an experienced property damage lawyer near you at (800) 431-6841 or contact us online. We can go over the details of your property damage case at no cost or risk to you during a free initial case review and let you know if now is when you should hire an attorney.

What to do if you own property that has been damaged?

If you own property that’s been damaged because of a natural accident or an accident caused by someone else’s wrongful acts, a seasoned property damage lawyer can help improve your odds of coming out of the situation with the largest amount in recovered damages possible. Use the points outlined here to decide when to hire an attorney ...

What are the hazards of property damage?

On top of the natural disasters currently plaguing the planet, there are also unfortunate cases of human-caused property damage. Theft, vandalism, and damage due to construction or vehicle accidents are all potential hazards when you own property. A property damage claim can extend to any insured property including cars, boats, airplanes, art, ...

Do insurance companies have lawyers?

Insurance companies have teams of lawyers who know the system inside and out. They will often use loopholes, low-ball offers, and delaying tactics to get you to settle for an amount that is far less than your damages are worth. Be careful when considering accepting an offer, particularly initially.

What happens if you hire a property damage attorney?

The incident can be a Hurricane, windstorm, water damages, pipe break, fire damages, tornado to name some. If the incident that occurred resulted in the damage to your property it's highly likely that you will also have to deal with claims adjusters, desk adjusters, engineers, etc. from the insurance side until you make a decision you need an attorney to move to a positive resolution through a civil lawsuits.

Is property damage a stressful process?

The policy has many conditions the owner must comply with that will otherwise allow the carrier to delay or deny the claim. The Process is also very time consuming and stressful when you have not experienced it before.

Can property damage cause loss of productivity?

Property damage can easily result in a loss of productivity for your business if the incident effects commercial property. This becomes even more true with severe cases, such as if damage occurred to machinery or equipment in your company.

What happens if a buyer doesn't have a lawyer?

If your buyer doesn’t have a property lawyer, you will be able to get your property lawyer to clarify the doubts and concerns that he will come across as well.

What to do after selling a house?

You can get a clear picture about taxes. After you sell a house, you might have to deal with taxes. It is important to have a clear picture about these taxes in your mind. The property lawyer will be able to help you in here. In fact, the property lawyer will provide you with a clear picture on how taxes are applicable to your transaction ...

Do you hire one lawyer for the same transaction?

A common thing that people do is hire one lawyer for the same transaction. So, both sides share the expenses and it comes as a win-win situation for everyone. But, we advise you to do this only if you trust the other side, or the borrower a lot. Advertisement.

Can a real estate lawyer help you sell your house?

Hence, you will be able to rely on the real estate lawyer and proceed to get the transaction completed. You can make sure that you receive all the legal support needed throughout the process by the lawyer you hire.

Can a property lawyer help you with a property transaction?

Since you have a property lawyer by your side to help you with the transaction, you can get your questions and doubts cleared immediately. Hence, you can proceed to complete the transaction without keeping any doubts in mind.

When do you have an expert?

You have an expert when your instincts ask you to talk to a lawyer. During the transaction, you will come across numerous nonstandard or unusual things about it. In such a situation, your instincts will encourage you to go ahead with professional support. This is where you can talk to the property lawyer.

Is it mandatory to hire a property lawyer?

When you take a look at the state law that exists in some of the states, you will figure out that it is mandatory to seek the assistance of a property lawyer. Hence, you will not have any other option available to consider than hiring a property lawyer to proceed with completing your transaction. Even if hiring a property lawyer is optional, it is ...

What Do Property Lawyers Do?

Property lawyers provide their clients with legal advice when it comes to real estate and property disputes. Property lawyers can help with negotiations, due diligence, litigation, foreclosures, deed transfers, zoning restrictions, and coordination with lending agents or any other parties involved in the sale of a property.

What Questions Should I Ask My Property Lawyer?

Depending on why you are hiring a property lawyer, you should have a series of questions ready to go. Here are some common questions you can ask to help evaluate if a property lawyer is a right fit for you:

What Are Issues a Property Lawyer Can Help With?

They know the ins and outs of real estate and property law and are best positioned to help you deal with whatever real estate or property matters you have. Legal contracts are filled with legal jargon that can be confusing to most people. A property lawyer can help you understand the terms and conditions of a contract before you sign it.

What Is Property?

Property is anything that belongs to someone and can either be given, bought, or sold to someone else. A property can be either tangible or intangible, and it can belong to someone in one of two ways. Property can be yours through possession or through title, or both. Possession means you physically control that property. You may be living on it or utilizing it in some way to have possession of it. Title property refers to whoever owns the documentation of that land or building. In many cases, the property owner may have both title and possession, but this isn't always the case.

How long does it take to resolve a dispute over property?

There are many other forms of property as well. Legal disputes over property can be complex, and can often take years to resolve (especially for larger plots of land).

What Happens to Real Property During a Divorce?

In comparison, real property can be difficult to “divide”.

What is “Real Property”?

Property laws make distinctions between two main types of property: “real property” and “personal property”. These classifications have many implications, legally speaking.

What is considered separate property?

In contrast, property obtained outside of the marriage (i.e. before the marriage) may be considered “separate” property; each spouse usually keeps their own separate property in full when they divorce. Communal property generally does NOT include: 1 Property obtained before marriage; 2 Property given as a gift specifically to only one spouse; 3 Any property obtained after divorce or separation proceedings has already been initiated.

What is intellectual property?

For instance, state and federal laws often address other types of property like: Intellectual Property: Intellectual property is a type of property that is generally intangible and without physical form, such as songs, names and logos attached to products, inventions, and authored works.

What is the difference between personal property and real property?

In comparison, personal property is defined as “anything that may be subject to ownership, besides land”. Thus, the main foundation of physical property is that it can be moved, unlike land or real property.

What is business property?

These types of property can generate income for the owner, but they can also be subject to unauthorized use, theft, and infringement issues; Business Property: Business or commercial property is property that is owned by a business or a company.

What happens if a buyer doesn't have a lawyer?

If your buyer doesn’t have a property lawyer, you will be able to get your property lawyer to clarify the doubts and concerns that he will come across as well.

What to do after selling a house?

You can get a clear picture about taxes. After you sell a house, you might have to deal with taxes. It is important to have a clear picture about these taxes in your mind. The property lawyer will be able to help you in here. In fact, the property lawyer will provide you with a clear picture on how taxes are applicable to your transaction ...

Do you hire one lawyer for the same transaction?

A common thing that people do is hire one lawyer for the same transaction. So, both sides share the expenses and it comes as a win-win situation for everyone. But, we advise you to do this only if you trust the other side, or the borrower a lot. Advertisement.

Can a real estate lawyer help you sell your house?

Hence, you will be able to rely on the real estate lawyer and proceed to get the transaction completed. You can make sure that you receive all the legal support needed throughout the process by the lawyer you hire.

Can a property lawyer help you with a property transaction?

Since you have a property lawyer by your side to help you with the transaction, you can get your questions and doubts cleared immediately. Hence, you can proceed to complete the transaction without keeping any doubts in mind.

When do you have an expert?

You have an expert when your instincts ask you to talk to a lawyer. During the transaction, you will come across numerous nonstandard or unusual things about it. In such a situation, your instincts will encourage you to go ahead with professional support. This is where you can talk to the property lawyer.

Is it mandatory to hire a property lawyer?

When you take a look at the state law that exists in some of the states, you will figure out that it is mandatory to seek the assistance of a property lawyer. Hence, you will not have any other option available to consider than hiring a property lawyer to proceed with completing your transaction. Even if hiring a property lawyer is optional, it is ...