What Does a Real Estate Attorney Do?


A real estate attorney handles legal issues related to residential and commercial real property, including zoning matters, construction permits, landlord-tenant disputes, mortgages and titles. He or she may also be called upon to help a client resolve land disputes outside of court. These issues can be complex, and it is crucial that a person hire an experienced attorney.

The first task a real estate attorney performs is reviewing and preparing the purchase contract. The contract outlines the terms of sale and provides a road map for the parties to meet their obligations and reach closing. It is often created by a lawyer but can also be written by a real estate agent or broker. The lawyer’s job is to make sure that all legal issues are addressed and the terms of the contract are legally sound. Read more https://www.creatingrealestatesolutions.com/

Once a contract is signed, the attorney conducts a thorough title search. This identifies any liens, litigation, deed restrictions or covenants on the property and breaks in the chain of title. This is an important part of the process because it can prevent a buyer from purchasing a home that has unresolved title issues. The attorney can also work to clear up liens and other problems, such as a tax levy, which is often a surprise for buyers.

Many transfers involve an interest in a condominium, cooperative or homeowners association, which requires special documents to be prepared and signed. An attorney can draft these documents and explain the implications of ownership, including mandatory fees, charges and assessments that must be paid as long as the property is owned. The attorney can also prepare a transfer statement for the closing to show how funds were allocated among different parties, such as real estate commissions, attorney’s fees, title search fee and loan discount points.

At the closing, the attorney attends the transaction with the buyer and seller, their agents and the representative of the title company. The attorney can explain the closing procedures and settlement statement to help avoid misunderstandings. He or she can also address last-minute issues, such as calculating transfer taxes and insurance.

Those who are considering hiring a real estate attorney should look for one with experience handling real estate transactions and a good reputation. It’s also a good idea to consider an attorney’s geographic location since real estate law can differ significantly from state to state. An attorney’s reputation can be assessed on online review sites, such as Avvo and Martindale-Hubble. These websites offer information on attorneys, including their practice areas, fee structures and previous clients’ reviews. A potential client can also ask a trusted real estate agent or broker for recommendations. Alternatively, the American Bar Association website has a directory that can be used to find an attorney near a person’s location. Many online review sites allow people to assign star ratings to attorneys and leave comments. The more stars an attorney receives, the better his or her reputation is.


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