Attorneys are ethically responsible for having a client’s best interest in mind. Real estate attorneys are well versed in the procedures and have existing relationships with local and state agencies. Thus, having a real estate attorney by your side can make a substantial difference in the efficiency of your real estate process.
Don’t wait to call.
Being proactive as opposed to reactive, is a key element in real estate sales and purchases. It is important to involve an attorney before a problem comes up rather than after. This simple idea is often neglected until an issue has escalated beyond simple solution.
Hire a professional real estate attorney.
Far too often, home buyers will hire an attorney who has been referred to them by family or friends, without performing their own due diligence. But the referred attorney may not have explicit expertise in real estate law, which will create future issues. It is important to hire a real estate attorney; as real estate law is often complex. Further, laws and regulations vary from state to state, county to county – so find a real estate attorney with experience in the geographic area in which you’re looking to buy or sell.
Attorneys have legal authority that agents do not.
Some states require that an attorney be involved in real estate closings, while others allow real estate agents to prepare purchase contracts without any involvement from attorneys. Typically, a buyer will contract a real estate attorney. If you’re looking to add unusual terms to a purchase agreement, or if you’re worried about a specific legal issue, an attorney can provide legal advice that a real estate agent cannot. If your impending deal includes any complexities, it is vital to have your lawyer present, regardless of whether it’s mandated by law.
Attorneys can assist with sales too.
Attorneys can help draft various types of documents that sellers need. In the event that you’ve just sold land, a real estate attorney can help draft a covenant that will restrict how the new owner can develop the land. The attorney can also help you prepare for the full array of tax consequences that come with selling a home, versus a commercial property.
Enlisting an experienced real estate attorney will serve you well, as they will be able to represent you in all real estate matters, from the clerk’s office and zoning office to the closing table. For more information about real estate law, or to schedule a consultation with one of our experienced attorneys, contact Snee, Lutche, Helmlinger & Spielberger, P.A.