Do I Need a Real Estate Attorney?

What does a real estate attorney do?

A real estate attorney focuses on the legal side of buying, selling, and managing real estate. Most work in one of two areas: residential or commercial.

Residential real estate attorneys help with buying or selling homes, foreclosures, property disputes, and sometimes landlord-tenant matters. Commercial real estate attorneys handle similar matters for business properties, plus things like construction projects and zoning. If you're not buying, selling, or leasing property for a business, you likely won't need a commercial real estate attorney.

Here are some of the main things they do:

• Drafting legal documents: They draft documents like purchase agreements, leases, and deeds.
• Reviewing contracts: They review real estate contracts and explain the terms, so you understand what you're agreeing to and what your rights are.
• Title searches: They check property titles for legal issues, like liens (legal claims against a property, often for unpaid debts) or other claims that could cause problems.
• Closing assistance: They can oversee the closing, when ownership officially changes hands, to help the paperwork and payments go smoothly.
• Dispute resolution: If there's a disagreement over property lines, zoning, or contract terms, a real estate attorney can help resolve it.
• Property transfers: They handle the legal process of transferring property ownership between people or businesses.

Real estate attorney vs. estate attorney

Despite the similar names, these attorneys do very different work. A real estate attorney handles legal matters involving land and buildings, while an estate planning attorney helps you plan what happens to your belongings after you pass away.

How do I know if I need a real estate lawyer?

Ask yourself these questions:

• Are you dealing with a complicated sale, like a property with tenants or legal disputes?
• Are you buying a home in a state where real estate attorneys are required?
• Are you buying commercial real estate?
• Are you in a disagreement about property lines?
• Do you need help with a foreclosure?
• Did a seller fail to disclose known problems with the property?
• Are you in a dispute with a tenant or landlord?
• Is there a lien or claim on the property?
• Do you need to confirm that a title is clear before buying?
• Are you building on or changing the use of a property and need help with permits or zoning laws?

If you answered yes to any of these questions, a real estate attorney may be able to help.

How much does a real estate attorney cost?

Real estate attorneys often charge by the hour for complex work, and sometimes a flat fee for tasks like drafting or reviewing a contract. What you pay depends on where you live and how complex your legal matter is. To avoid surprises, agree on fees with your attorney upfront.

What should I expect when working with a real estate lawyer?

If you're buying or selling a home, your attorney will help you understand each step, review the paperwork, and help the transaction close smoothly. If a dispute comes up, they can look into what went wrong and represent your interests. For commercial projects, an attorney can help you work through land-use and zoning requirements, and advise you if changes are needed to get approval.

Whatever your legal matter, a real estate attorney can help you move toward a resolution with fewer surprises along the way.