who should i call regarding a problem with a real estate attorney?

Full Answer

When to hire a real estate attorney for a dispute?

If you are facing any sort of real estate dispute, whether it involves a contract dispute or something else, you should consult with a local real estate attorney as soon as possible. Real estate disputes often involve many different branches of law, as well as federal and state laws.

What should I do before meeting with my real estate attorney?

Before meeting with your real estate attorney, verify whether the consultation will be free of charge. Generally speaking, legal consultations are free. Additionally, you should prepare for the consultation by gathering any documentation you have related to your real estate dispute.

Can a realtor speak with a client’s attorney without an attorney?

Speaking with a client’s attorney about a problem with a closed transaction absent your own attorney being present is simply a bad idea, and opens the real estate agent to being a target in a lawsuit based upon what was said to the former client’s attorney.

How do I find a real estate lawyer in my area?

Utilize your state’s Bar association directory: Your state Bar association’s website can help you locate lawyers in your area who practice real estate law. Use the American Bar Association’s directory to help you find your state’s website.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is unethical conduct in real estate?

There are four principle ways in which agents cheat customers: failing to tell sellers of higher bids when lower bids provide the agents with more commission through mortgage and insurance needs; switching second bidders to other properties when buyers are in short supply; selling unnecessary insurance or the wrong ...

What happens when a lawyer makes a mistake?

There are other options if you don't want to sue your former attorney for a mistake they made. You can report them to the state bar or the American Bar Association. They will conduct an investigation if the mistake is serious enough and the lawyer could face being disbarred or other disciplinary actions.

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

What is the most common complaint filed against realtors?

The most common lawsuits brought against real estate agents are for breach of duty because clients place trust in their agents' expertise and their agent must act in the best interest of the client.

How do you deal with a dishonest real estate agent?

Complaints against Real Estate Agents or Companies If you have a complaint against a licensed real estate agent or business, visit California DRE's website for details on How To File A Complaint, or call the California DRE Public Information Line at (877) 373-4542.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Are lawyers liable for mistakes?

Even where an attorney made an obvious mistake, that mistake must have injured the client. The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired.

What do you do when a lawyer won't respond?

If your lawyer does not return your call, send them a letter and keep a copy. In the letter, describe what is bothering you and what you need. Suggest meeting with the lawyer face-to-face.

How long should I wait for my attorney to respond?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Why do attorneys take so long to respond?

Once a case gets filed in court, things can really slow down. Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

How do you know if your lawyer is working for you?

Check your lawyer on legal sites such as Avvo or nolo, as well as on general sites like Google Places and Yelp! to see what other clients have to say. Search peer-review online databases such as martindale.com to see comments and opinions from other lawyers. 5. Get another lawyer's opinion.

Commercial Lease Agreements and Disputes

A commercial lease is typically entered into by two different parties, and how well a lease is crafted can significantly impact the lease dispute process. It is best to have an experienced attorney review a lease agreement prior to signing it to address any financial liabilities or potential loopholes before they become a problem.

Construction Agreements

Most construction agreements affect far more than a single construction company. Construction law generally affects multiple parties such as building owners, contractors, developers, and material suppliers.

Eminent Domain

As cities across the nation continue to rapidly expand power lines, roadways, and sewer lines, eminent domain (or the government’s ability to take private land for its own use if compensating the property owner) is alive and well.

Title Insurance and Title Exams

It is important to note that title insurance and title exams are separate terms with different meanings within commercial real estate.

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

Is it legal to buy a home?

Buying a home isn’t just a simple purchase; it’s also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be so complex, sometimes it makes sense (or is even required) for home buyers or sellers to enlist an attorney who can look out for their best interests.

Do you have to have an attorney at closing?

If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your contract was negotiated. If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you.

What should I do if I have a real estate lawsuit?

If you are currently dealing with real estate litigation or believe you will soon be entangled in a lawsuit concerning real estate, you should contact a real estate attorney immediately. A real estate attorney can help you receive the outcome you desire.

What happens if a real estate agent doesn't protect your information?

In either case, if a real estate agent does not protect your sensitive information, you have the legal right to seek compensation. Failing to Recommend Inspections: One of the most common causes of real estate agent litigation occurs because an agent fails to recommend a property inspection. While people rely on their real estate agents ...

What is a monetary award for a real estate agent?

In most real estate agent lawsuits, a court will award the plaintiff—the person suing the real estate agent—monetary damages. These awards typically include but are not limited to: Compensatory Damages: Compensatory damages are most commonly used in cases of breach of contract or misrepresentation.

What are the duties of a real estate agent?

A real estate agent is a licensed professional who is authorized to conduct business in a given state. As such, real estate agents are responsible for many different tasks depending on their education, licensing, and certifications. The most common tasks a real estate agent is responsible for include: 1 Handling standard client forms; 2 Drafting and preparing offers and other related paperwork; 3 Providing satisfactory customer service if a client has an issue; 4 Answering basic questions that clients may have, such as explaining the home purchasing/selling process; 5 Reviewing real estate contracts, such as lease agreements, purchase agreements, and rental contracts; 6 Negotiating sale prices between sellers and the clients; 7 Closing any deals; 8 Showcasing properties to potential buyers; and 9 Guiding clients through tours of the property.

What is a breach of duty in real estate?

Breach of Duty: Real estate agents must act in the best interest of their client—not the property seller or another third party. Further, these entities are legally required to keep sensitive client information such as financial details private.

What is negligence in real estate?

Negligence: Negligence is a cause of action alleging the failure to exercise due care toward others that a reasonable or prudent person would do in the circumstances. Clients can make claims that a real estate agent should have known something but did not and failed to take appropriate action.

What are the most common real estate issues?

The most common real estate agent issues include but are not limited to: Failing to Disclose a Property Defect: The most common types of hidden defects include construction issues, leaks, cracking, noise, or improvements without permits.

What does a real estate attorney do?

Once real estate agents settle the selling price and terms and contracts are signed, the real estate attorney takes over. The attorney reviews the contracts, negotiates repairs, makes adjustments in accordance with the terms of the deal, and may attend the closing. Some states require that an attorney be present at closing, ...

Why do you need an attorney for a commercial property?

Buying commercial properties, those with structural issues and buildings located in hazardous areas warrant the services of an attorney. Sellers may hire an attorney if the property they are selling is in a state of distress. Another reason to involve an attorney is when an individual is trying to sell a property with an uncooperative partner.

What is real estate law?

Real estate law itself is a specialization. Law school students normally begin with taking elective courses and continue with real estate certification after law school. Ideally, the real estate lawyer will have earned a law degree from an accredited school. The professional might have attended law school in another state.

Can you negotiate legal fees?

Legal fees can be negotiated. Although price is one consideration, it should not be the only deciding factor. Remember that involving a qualified real estate attorney early on can prevent larger disputes down the road, plus added attorney fees, costs, and time. 4.

Is it prudent to invest in a real estate attorney?

Real estate transactions can be complicated. When buying or selling real estate, it is prudent to invest in the services of a qualified real estate attorney. Upon an initial consult with a real estate attorney, plan on asking the legal expert a few important questions.

Who is Allen Gabe Law?

Our lawyers assist homeowners as well as landlords, tenants, owners, and lenders.

Does Illinois require an attorney at closing?

Some states require that an attorney be present at closing, but Illinois is not one of them. Although the state of Illinois does not require an attorney at real estate closings, hiring this type of specialized legal professional is useful in a number of scenarios.

Why do you need a real estate attorney?

Investors seeking to get started in the world of commercial real estate will find an attorney especially helpful when it comes to acquiring new properties or managing existing ones . Another reason a real estate attorney can be of value to your team is during the rehab process.

How can a good real estate attorney help you?

Whether you are investing out of state or simply renting out the property next door, finding a good attorney can help protect you and your business through all aspects of a real estate transaction. The right real estate attorney will be skilled in the laws and regulations of your area and will be available to oversee the legal details of your real estate transactions. No matter what side of a transaction you are on, whether it be buyer or seller, a real estate attorney can assist you in several ways. That’s why it’s important to find the best person for the job. Keep reading to learn about the questions to ask real estate attorney professionals before working together.

What does a closing attorney do?

During the selling and closing process of a home, a real estate closing attorney can help handle the title check and more for the property in question. They are also equipped to handle any unexpected events during the closing process .

Can an attorney save you $500?

In a $100,000 purchase, using an attorney that can save you $500 doesn’t make a lot of sense. It is far more important that they know real estate, work with investors and are there when you need them. There are plenty of ways to save money in a real estate transaction.

Is an attorney a good source for investment?

In time, an attorney who works with investors can be a good source for deals directly. If they have a large investment portfolio, you should feel confident that they know the process and what to expect. Investment deals can be a handful. A good attorney can make it as smooth as possible for you.

Is a divorce attorney up to date?

If your attorney is skilled in divorce mediation, they may not be up to date on changes in real estate law. It is important to find out if real estate is something that they focus on. Often this means having a staff of real estate paralegals ready to handle title searches and other issues that pop up.

Do I need an attorney to invest in real estate?

You need an attorney that knows how investors work in real estate. This could be changing the contract to offer protection or working with lenders to push the deal forward. As a bonus, your attorney may be able to put you in contact with fellow investors in your area. You can never have enough contacts.

When you need to Hire a Real Estate Attorney

When individuals buy a property in a new town, they'll have to hire real estate attorneys. Short sale transactions or bank-owned property transactions should involve an attorney. Hiring a real estate attorney for buying commercial properties with structure issues is essential.

What Are The Qualifications Of A Real Estate Lawyer?

The legal professionals having extensive experience may charge more fees, but you can get peace of mind. There are different areas of specification for real estate lawyers. Don't forget to ask about which aspects of real estate they are specialized in. Real estate law is also a specialization.

What Is The Relevant Experience Of A Legal Professional?

Every case is different and involves different types of circumstances. Finding a lawyer that is an expert in handling cases like yours is a valuable asset. Every real estate has its specifications and complexities. Find legal professionals having the potential to clear hurdles in your way.

What Is Their Legal Fee?

The fees of the legal professionals mostly depend upon the nature of the case. The legal fees for complex cases would be greater than simpler ones. Get an idea of what fees the real estate attorney will demand for your project. Many real estate lawyers charge fees by hours, but some professionals have a flat fee.

Who Will Be Involved In The Case?

Sometimes, large firms hand over the files to a paralegal or junior attorney staff. Make sure to ask who will be involved in your case except for the legal attorney. Get the contact information of other members of the legal team. This contact information is important, especially when you are unable to contact your real estate attorney.

Are You Looking For A Knowledgeable Real Estate Attorney?

If you are planning to buy or sell residential or commercial real estate, consider SviaLaw Specialist. With our extensive experience, we provide qualified legal representation to people buying or selling real estate. We have lawyers with experience in almost every type of case, and they can manage every project smartly.

Why should a former client have a lawyer?

The reason is that the former client now has a lawyer representing him or her in a closed real estate transaction , and there is no reason why the real estate licensee should be communicating with a former client’s attorney absent the licensee having one of his or her own.

What happens to a real estate agent in California?

Under California law, an agent’s duty terminates when the real estate transaction ends. There are no post escrow duties between the real estate agent and his or her former client, other than the licensee is required to provide the former client with copies of all documents in the transaction file if asked. (Menzel v.

What happens after closing escrow?

When problems arise after close of an escrow for a particular real property, the listing and selling agent are typically contacted by an attorney for either the seller or buyer or both of them . This raises a concern for the real estate agent, in that he or she usually desires to help his or her client where communicating with ...

Why do I need a real estate attorney?

Reasons to hire a real estate attorney even if it’s optional 1 You’re an out-of-town buyer. 2 You’re buying a property that is a short sale or bank-owned. 3 You’re buying a property that is part of an estate sale. 4 You’re buying a commercial property. 5 You’re buying a property that could potentially have some structural issues. 6 You’re buying a property in a problematic area such as a flood zone or areas with adverse conditions (tornado-prone, radon, toxicity levels, etc.).

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.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

Can a city be part of a property dispute?

It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).