6 Important Reasons to Have a Real Estate Attorney Amy Smith, November 15, 2023September 18, 2024 Real estate attorneys, as their name implies, play a crucial role in the selling and purchasing of real estate. With the complex interactions between real estate transactions, having an attorney on hand is perhaps more essential than one might imagine. A professional can provide detailed knowledge about regulations and legal concerns relevant to representing a client in real estate transactions. If you’re planning on buying or selling property, it would be a good idea to hire an experienced real estate attorney as soon as possible. They might also provide insight into maintaining your home insurance policy when you’re not living there. And if you plan on moving between states, they can help you through the process. Here are the six most common and significant reasons to have a real estate attorney. Perform Title Searches and Liens Regulatory agencies protect the integrity of real estate transactions by limiting the use of liens. These restrictions are found in state and federal laws. A title search is necessary to identify any liens on the property and arrange them for release at the closing. Whereas the attorney can estimate any potential costs of releasing these liens, as well as offering real estate help with the important decisions about your transaction. It is advised that if you’re buying or selling to get in touch with both the regulatory agency as well as the attorney as they both will work together to make this time less stressful for you. Explain Basics of Property Law The fundamental principles of real estate law are the same, regardless of whether you’re a buyer or a seller. But the rules are complex and depend on state and national regulations, as well as local laws. If you don’t understand the rules, you can misunderstand your rights and obligations in a transaction. A lawyer can review your transaction and provide details on everything from deed restrictions to property titles. Oversee Contract Negotiation An attorney will be able to negotiate with all interested parties in good faith and ensure that everyone understands the terms of their contract. This is especially important if you’re dealing with lenders or mortgage companies, or if you want to sell your mortgage note. Represent You in Court Having an attorney represent you in court is crucial whether you’re the seller, the buyer, or the other interested parties. That is because the courts will give you their decision based purely on the signed written contract. But if you want to appeal, an attorney can represent your best interests in court and ensure that your position is well-researched and prepared. Review and Draft Contracts Real estate transactions involve multiple documents, including the purchase and sale agreement, the deed and mortgage note, and other contracts. Drafting and reviewing the entire contract can be a time-consuming process. But if you hire a lawyer to review your contract beforehand and you provide one that is favorable to you or your buyer, this can take a lot of the stress out of the home-buying process. Finding the best lawyer does not have to be difficult, you can easily find a reputable one who can help you with quick quitclaim deeds in Florida for example (or indeed one nearer where you live). By doing this you can speed up the transaction, and move into the new property in as little as a few weeks, rather than waiting several months. Attend Closing This is one of the most crucial elements of having a Real Estate Attorney. Attending the closing is often required by state law, and you must be present. Make sure that your lawyer has the instructions and all of the necessary documentation so they can make sure that everything goes smoothly at the closing. These are some of the most significant reasons to have a real estate attorney. In addition, hired attorneys will be able to provide an estimate of legal fees based on the amount of time you’ll need their services and the complexity of your deal. So, if you’re starting in the real estate business and are unsure what to do next, you should contact a real estate attorney today. Photo by Gabrielle Henderson on Unsplash Share on FacebookTweetFollow usSave Life buyerclosingcontract negotiationdeed restrictionslegal feeslienproperty lawreal estate attorneyreal estate lawtitle search