What Does a Real Estate Lawyer Do?

Kyle Hiscock

Kyle Hiscock | Greater Rochester NY Real Estate | Pittsford NY Realtor at RE/MAX Realty Group

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What Does A Real Estate Attorney Do
What Does A Real Estate Attorney Do

When engaging in any real estate transaction, it’s essential to have a legal professional who specializes in real estate law to guide you through the process.

A real estate lawyer, also known as an attorney in real estate or a lawyer for real estate, plays a vital role in ensuring that property transactions are conducted smoothly, protecting the rights and interests of their clients.

We will delve into the responsibilities and functions of real estate lawyers, shedding light on their valuable contributions to the real estate industry.

When you’re done reading, you’ll know everything a lawyer for real estate does for their clients.

Understanding Real Estate Law

Real estate law encompasses a broad range of legal issues related to property, including the purchase, sale, transfer, leasing, and financing of real estate. It is a complex field that requires a deep understanding of local, state, and federal laws, regulations, and ordinances about real estate.

Real estate lawyers are well-versed in these laws and provide expert guidance to their clients.

The Role of a Real Estate Lawyer

Contract Review and Preparation

One of the primary responsibilities of a real estate lawyer is to review and prepare legal documents associated with real estate transactions. These documents include purchase agreements, deeds, titles, lease agreements, and financing contracts.

The attorney ensures these documents are accurate, legally sound, and protect the client’s interests. They also explain the terms and conditions of the agreements to their clients, ensuring they fully understand their rights and obligations.

When buying for the first time, an attorney becomes a valuable member of your sales team.

Title Search and Examination

Before completing a real estate transaction, verifying the property’s title is crucial to ensure it is free from any liens, encumbrances, or disputes.

Real estate lawyers conduct thorough title searches to uncover property ownership rights issues. If any problems arise, the attorney works to resolve them before the transaction proceeds, providing a clean title to the buyer.

Negotiations and Dispute Resolution

Real estate transactions often involve negotiations between buyers, sellers, lenders, and other parties.

A real estate lawyer represents their client’s interests during these negotiations, ensuring favorable terms are reached.

In the event of a dispute, the attorney acts as a mediator, working to resolve conflicts and protect the client’s rights. If necessary, they may represent their clients in court proceedings related to real estate matters.

Due Diligence For Their Clients

Real estate lawyers conduct extensive due diligence on behalf of their clients to uncover any potential issues or risks associated with a property.

They may investigate zoning and land use regulations, environmental concerns, outstanding tax obligations, and any restrictive covenants that could impact the property’s value or intended use. This thorough examination helps clients make informed decisions and mitigate potential risks.

Closing Real Estate Transactions

A real estate attorney is critical in ensuring a smooth and legally compliant transaction during closing. They review the closing documents, coordinate with all parties involved, and oversee the transfer of funds and legal ownership.

Their presence at the closing table protects their clients, minimizing the risk of errors or fraudulent activities.

Most buyers have real estate attorneys for the array of services they perform.

When Do I Need A Real Estate Attorney?

When Should I Have a Real Estate Attorney
When Should I Have a Real Estate Attorney

Attorneys can provide valuable assistance in various situations related to property transactions. While it is always advisable to consult with an attorney to determine if their expertise is required for your specific circumstances, here are some common scenarios where you may need their services.

Purchase and Sale of Real Estate

Whether you are buying or selling a property, involving a real estate attorney is advisable. They can review and draft the purchase or sale agreement, ensuring the terms are fair, protecting your rights, and avoiding potential legal pitfalls.

Additionally, they conduct thorough due diligence to uncover any issues with the property’s title, contracts, or legal obligations.

Property Disputes

If you encounter a dispute regarding real estate, such as boundary disagreements, easement rights, or breaches of contract, an attorney can provide guidance and representation. They can negotiate on your behalf, mediate disputes, or even litigate in court if necessary.

Their expertise in real estate law allows them to protect your interests and work towards a favorable resolution.

Finance and Mortgage Matters

A real estate attorney can offer valuable insights when dealing with complex financing arrangements or mortgage issues. They can review loan documents, explain terms and conditions, ensure compliance with regulations, and protect your rights during the lending process.

If you encounter problems with your mortgage, such as foreclosure or predatory lending practices, a real estate attorney can provide guidance and advocate on your behalf.

Zoning and Land Use Issues

If you plan to develop or buy land, navigating zoning and land use regulations can be complex.

Real estate attorneys can help you understand the local zoning laws, obtain necessary permits and variances, and ensure compliance with land use regulations. They can represent you before planning and zoning boards and address any disputes arising during development.

Property Lease Agreements

Real estate attorneys can review and negotiate lease agreements if you are involved in commercial or residential leasing. They can ensure the terms are favorable, protect your rights as a landlord or tenant, and address any legal issues during the lease term.

If disputes arise, a real estate attorney can help resolve them and protect your interests.

Real Estate Investments

Attorneys can provide valuable guidance if you consider real estate investments, incredibly complex transactions such as commercial properties, partnerships, or real estate investment trusts (REITs).

They can review investment contracts, assess the legal implications, and advise on the investment structure to maximize your returns while minimizing risks.

How Much Does A Real Estate Attorney Cost?

The cost of hiring a real estate attorney can vary depending on several factors, including the attorney’s experience, location, the complexity of the transaction or legal matter, and the attorney’s fee structure.

Here are some common ways real estate attorneys charge for their services:

Hourly Rate

Many real estate attorneys charge an hourly rate for their services. The hourly rate can vary significantly based on factors such as the attorney’s experience and reputation, the location of their practice, and the case’s complexity. Hourly rates can range from around $150 to $500 per hour, depending on these factors.

Flat Fee

Some attorneys may offer a flat fee for routine or straightforward real estate transactions, such as reviewing a lease agreement or conducting a title search. This means you will pay a predetermined amount for the specific service. Flat fees provide clarity and predictability regarding the cost of legal services.

Contingency Fee

Some attorneys may work on a contingency fee basis in certain real estate cases, such as litigation involving property disputes or breach of contract. This means the attorney will only receive a payment if they successfully obtain a favorable outcome for you, typically through a settlement or court judgment.

The attorney’s fee is usually a percentage of the amount recovered.

Retainer Fee

For ongoing legal representation, such as for real estate investors or businesses involved in multiple transactions, attorneys may require a retainer fee.

A retainer fee is an upfront payment to the attorney to secure their services. The attorney will then bill against the retainer as they provide legal services. Once the retainer is depleted, additional fees may be required.

Final Thoughts on Real Estate Lawyers

Real estate transactions are complex and involve significant financial and legal implications. Engaging a real estate lawyer is essential to navigate through the intricacies of the process and protect your interests.

These legal professionals bring expertise in real estate law, ensuring that contracts are sound, titles are clear, negotiations are favorable, and transactions comply with applicable laws. By enlisting the services of a real estate lawyer, you can confidently navigate the real estate landscape and safeguard your investments.

About the author: The above article on “What Does a Real Estate Lawyer Do?” was written by Bill Gassett. Bill has been working in the real estate industry for the past thirty-seven years. He works for RE/MAX Executive Realty in Hopkinton Massachusetts. Bill loves providing trustworthy information to buyers, sellers, and fellow real estate agents to make the best possible decisions. His writing has been featured on RIS Media, National Association of Realtors, Inman News, Placester, Today.com, Credit Sesame, and others.

About Rochester’s Real Estate Blog: Rochester’s Real Estate Blog is owned and operated by Kyle Hiscock of the Hiscock Sold Team at RE/MAX Realty Group.

Since being launched in 2013, Kyle has published more than 150 quality, in-depth, and unique real estate related articles on the Rochester Real Estate Blog pertaining to topics varying from home selling to mortgages and everything in between!  In addition to quality real estate related content, there are also many quality articles pertaining to the Greater Rochester NY area.

The Rochester Real Estate Blog has been recognized by many reputable websites as one of the best real estate blogs to visit and follow!  In addition to being recognized as one of the best real estate blogs, Kyle has been recognized as one of the top Realtors on social media by several organizations and websites.

The Hiscock Sold Team has almost 50 years of combined experience, so if you’re thinking of selling or buying, we’d love to share our knowledge and expertise.

We service the following Greater Rochester NY areas: Irondequoit, Webster, Penfield, Pittsford, Fairport, Brighton, Greece, Gates, Hilton, Brockport, Mendon, Henrietta, Perinton, Churchville, Scottsville, East Rochester, Rush, Honeoye Falls, Chili, and Victor NY.

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