Real Estate Attorney
Real Estate Law

Real Estate Attorney: A Beginners Guide

| August 11, 2021

Most people look for a reliable real estate attorney when they want to buy a house. They will guide you through all the legal aspects of purchasing a property. If you have any dispute with your real estate agent or face a delay in transactions, your real estate attorney will take care of everything.

Do you know what the fees of a real estate attorney are? Do you know where you can find the best real estate lawyers? If not, you have come to the right place. So keep on reading this article, and get a good grip on this concept.

What Is A Real Estate Attorney?

Real estate law covers the buying and selling of a property. So, a real estate attorney will help you deal with all the legal issues that may arise in such property transactions. They will also assist you in checking if a property acquisition is following the proper legal procedures or not.

However, the real estate laws differ across states and countries. A real estate attorney must have an appropriate license to practice law in the state. Most of the states in the U.S.A require your attorney to remain present at the time of closing. Even if it is not necessary, you may want an attorney beside you to clarify your doubts.

What Are The Responsibilities Of A Real Estate Attorney?

Responsibilities Of A Real Estate Attorney

What kind of skills do we look for in a real estate attorney? First, of course, they must have analytical skills, communication skills, decision-making skills, and excellent negotiation skills. But, why do they need to have these skills? That’s because, without these skills, they won’t be able to fulfill their roles and responsibilities. So, let’s take a look now at their duties.

1: Overseeing Risks, And Reviewing Documents

They must oversee the legal risks in a property transaction. Based on that, they will prepare the documents and will advise the clients accordingly. There are several documents here like mortgage documents, purchasing documents, deeds, title transfer, etc. Then, they will draft the amendments and standard leases and will defend the municipal code litigation.

2: Protecting Client’s Interest

A real estate attorney will ensure that all the approvals are there before the actual transaction takes place. They will, under any circumstance, ensure that the client gets the best deal. That’s why we need a real estate lawyer to have excellent negotiation skills. That’s why we need these attorneys to be present during the closing so that they can check all the final documents.

3: Resolving Legal Conflicts

During a legal transaction, a conflict can arise at any given time between the seller and the buyer. The real estate attorney will collect facts from both parties and will resolve their conflict. In addition, they will stay updated about all the regulatory updates in local developments to avoid a legal dispute between the local government and the buyer. So, the lawyer will resolve those conflicts too.

Read Also: What Does An Employment Lawyer Do?

What Are The Qualifications Of A Real Estate Lawyer?

Qualifications Of A Real Estate Lawyer

There are some essential qualifications required to be a real estate attorney. If you want to pursue this career path, or if you are looking to hire someone, make sure to look for these degrees in their resume. The qualifications are;

  • A Bachelor’s degree in law
  • Registered in notary public
  • Good knowledge of foreclosure
  • Analytical thinker
  • Strong Research Skills
  • Valid experience in real estate law
  • Extensive networking capability
  • Experience in insurance underwriting and claims
  • Ability to meet deadlines

How Can I Find The Best Real Estate Attorney?

How Can I Find The Best Real Estate Attorney?

If you need legal help dealing with a real estate property, you must find a real estate attorney who will suit your needs the best. There are some ways to do that, such as;

1. Look For Experienced People

Always look for an experienced lawyer. That’s because the more experienced your attorney is, the better your chances are of winning the case. You can search online or ask for referrals who have had previously worked with these lawyers.

2. Look For Honest People

You must choose a lawyer who is honest and has an open mind. If they offer you a free consultation, take advantage of it. Ask them what your chances are of winning the case. If they don’t mention any risk, it’s probably because they don’t want to lose you as a client. So don’t go for these lawyers.

3. Ask Help From The Bar Association

You can, of course, contact the bar association because they will provide you an authentic list of real estate attorneys. In addition, you will find lawyers close to your locality, and thus arranging a meeting with them may become more manageable.

4. Check Reviews

Check the online reviews of the shortlisted real estate attorneys. If possible, call their previous clients and take personal feedback. If you don’t have money to waste unnecessarily, make sure you choose the right lawyer from the start.

Read Also: How To Find A Bankruptcy Attorney

How Much Does A Real Estate Attorney Cost?

How Much Does A Real Estate Attorney Cost?

If a real estate attorney charges a flat fee over hourly rates, go for those. That’s because, with a flat fee structure, you can have an idea beforehand of what the lawyer will cost you. In an hourly rate structure, it may cost you more or less, depending upon the complexity of your case. For example, if it is a simple property transaction, they may charge you a fee of $2,500-$3,000.

However, this charge may go much higher depending on different states. If your buy and sell transaction is more complex, your lawyer will be interested in charging an hourly rate. It can vary from $150/hour to $350/hour. But, if you hire them only for closing case purposes, they will charge a flat fee.

Frequently Asked Questions [FAQs]

We have contained as much information as possible in this article regarding real estate attorneys. However, we have still found some questions that often go unanswered. So, let’s take a look at those now.

1: Is It Safe To Pay My Real Estate Attorney In Advance?

Ans: If you have hired an attorney with good reviews from clients, you can pay them in advance. Usually, lawyers ask for 50% of the payment in advance, so you can do that provided you have hired the right attorney. But, if your attorney is relatively new in this field, it is better not to pay them in advance.

2: Can A Real Estate Attorney Represent Both Parties?

Ans: No, they cannot. If a real estate lawyer represents both parties, there will be a significant conflict of interest. But, for settling disputes between two parties, one attorney represents both the buyer and the seller. However, in that case, the court appoints them, and not the clients.

3: Are There Any Drawbacks Of Practicing Real Estate Law?

Ans: Clients always possess a high expectation not only in real estate but also in other legal spheres. If you, by any chance, lose their case, they go around tarnishing your reputation. Another thing is you always have to be updated on such a large body of law, which seems impossible sometimes.

Final Thoughts

A real estate attorney is the best help you can find in legal issues in real estate properties. If you are looking to hire a real estate attorney, I’m sure this article has greatly assisted you. If you are looking to become a real estate attorney, this article has some valuable information for that as well. So, make sure you read the article thoroughly before putting forth any queries in the comment box. 

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Juliana Murray
Juliana Murray

Juliana Murray is the woman behind TheLegalGuides, a blog solely focused on legal guides, tips, and advice. Juliana is passionate about Legal and blog TheLegalGuides in her free time. Online Marketing Tools, Smart Business Daily, Emblem Wealth, RSL Online, SB News Room, TechNetDeals & TechTrendsPro & OnlineHealthMedia & FollowTheFashion.

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