why work with a real estate attorney

Is a real estate agent a lawyer?

The simple answer is agents aren’t lawyers and lawyers aren’t agents. It is the distinction between real estate agents and lawyers that is at the heart of both of these questions. The fact of the matter is, if you want your real estate transaction to be as surprise and trouble-free as possible, you need both representatives in your corner.

Is real estate transaction complicated?

It’s a valid question with answers that can be as complicated as real estate transactions themselves. In fact, it is precisely because of the complexities found in most real estate transactions that the need for experienced legal counsel becomes obvious.

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 are the elements of a real estate contract?

The basic elements of contracts include an offer, acceptance, consideration, mutual assent, capacity, and legality.

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.

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 real estate disputes be settled?

Those issues are generally negotiated and settled without litigation. However, some disputes cannot be settled through negotiation. Real estate attorneys who handle litigation matters are experienced trial lawyers who understand real estate law, in addition to contract law and trial procedures.

Who can recommend a real estate attorney?

Friends, family members, realtors, and bankers can recommend real estate attorneys in your area. Even with recommendations, make sure that you research the lawyer and read reviews. You want to choose an attorney with experience in the specific real estate matter.

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 is real estate work?

The real estate work often involves facilitating negotiations among a long list of individuals and entities - for example, developers, banks, and corporations, often located in different countries - and then drafting the contracts and other documents needed to close the deal.

Is real estate a good specialty?

One specialty, many ways. Real estate law is a good specialty to combine with others, says Lisa Abrams. It can be part of a family law practice, when it comes to dividing assets and property. It can be part of estate planning, in setting up trusts to distribute property.

Why do real estate agents save money?

Money is also save when the real estate agents make sure timelines are adhered to as missed timelines can mean being forced to buy a house with issues not being repaired or completely missing the house because they could not close on time.

What is a real estate agent?

A real estate agent maintains expertise with working with real estate transactions through continuing education and working with clients on a day to day basis. An experienced agent knows what to say and what do to get things in order. As an expert at selling and buying homes they know how to maneuver around negotiations in order to get their client ...

Do you cut out a listing agent?

One of the misconceptions of real estate is that by cutting out a listing agent or a buying agent each side will save money. More often that is not the case as over 70% of homes are sold with the help of a real estate agent . Those agents are getting paid by the buyer or the seller and both sides are getting the benefit of the experienced agent.