Real Estate Attorneys
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What is a real estate attorney?
A real estate attorney is a lawyer who specializes in real estate law.
Real estate attorneys typically oversee the closing of a transaction in New England, certain east coast states and some states in the south and midwest.
The attorney who oversees a closing does not represent any of the parties in the transaction. He or she remains a neutral third party and provides the settlement services that a title company or escrow agent would handle in other states.
When do I need to hire my own real estate attorney?
In some states, you are required to hire a real estate attorney to guide you through your real estate transaction and assist with closing. In other states, real estate attorneys are optional.
In states where attorneys are not required, the real estate agent usually guides buyers and sellers through property transactions. The agent also provides standardized documents and contracts that legalize the property transfer when signed. See a general list of sample documents related to real estate closings.
If you live in a state that does not require a real estate attorney, you may still want to hire one. Here are some circumstances that may warrant hiring a real estate attorney:
| Peace of mind |
Buying property is a big investment. You may want the added support of a legal professional reviewing your documents and overseeing the transaction. |
| Mortgage issues |
Real estate attorneys can review financial documents and provide advice about the risks and obligations of various mortgage types, including seller-financed mortgages. |
| Leases |
If you are buying a property that is currently rented or leased, or if you plan to rent property, a real estate lawyer can assist you in complying with landlord/tenant law. |
| Disclosure issues |
Sellers are required to disclose anything that affects the value or desirability of a property. Real estate attorneys protect buyers by reviewing disclosures. |
| Construction |
Real estate attorneys can assist buyers when construction deadlines have not been met. |
| Zoning & Permits |
Real estate attorneys can help resolve disputes over zoning, land use and permits. |
| Taxes |
Real estate attorneys can offer advice on minimizing tax issues. |
| Title issues |
Real estate attorneys can help resolve title disputes and land boundary disputes. |
| Condos |
Real estate attorneys can review community bylaws and determine whether pending lawsuits against the homeowner’s association (HOA) exist and if they are likely to result in increased HOA dues. |
How to choose a real estate attorney
If you already have a lawyer, ask for a recommended real estate attorney. Also ask friends and family for their recommendations. Your real estate agent or broker may also be able to provide a referral. Use the ClosingWizard to find and compare real estate legal services in your area.
Make sure you select an attorney that specializes in real estate law.
How much does a real estate attorney cost?
Fees vary depending on where you live and the complexity of your legal issue. Some attorneys will answer general questions free - it never hurts to ask! Most attorneys charge by the hour, so it pays to request an estimate and to shop around.
Smart Tips
• If you have a specific problem, such as a tax issue or a disclosure issue, make sure the attorney you select is experienced in that area of the law.
• If you want a lawyer to be present at closing or to review a set of documents, ask for a fixed fee.
• If your real estate attorney charges by the hour, ask in advance for an estimate.
• If you are in a dispute with the seller, ask your real estate agent to assist in getting it resolved. Experienced agents are often skilled at problem resolution and may be able to save you the cost of hiring an attorney.