In some states across the country, not California, you won’t be able to buy or sell a house unless you have a real estate lawyer with you. Selling a home is a legal transaction and so unless you live in some states like California, Vermont, Maine, Kentucky, or Georgia, then you might be wondering if you need to spend money on legal fees when you come to buy or sell, and if you need to spend money on a real estate lawyer.
Although there are costs involved, having an attorney with you will help you from breaking the law, as that could even be done unintentionally, and then it could delay all things with the house sale. But what does a real estate attorney do?
What Is a Real Estate Attorney?
In basic terms, a real estate lawyer is a lawyer whose job is to know the ins and outs and the rules and regulations surrounding real estate buying and selling, financing and construction. A real estate attorney will work with businesses for a commercial sale, as well as individuals looking to buy or sell a home. Some transactions may be simpler, but there will be others where you’ll be glad that you had an attorney to help.
A real estate attorney will help you as their client understand all of the contracts and legal documents that come with buying or selling a house. A real estate attorney can help you with things like mortgages and mortgage fraud, easements encumbering the land, negotiate liens and loans on your behalf, and deal with things like zoning issues. Some homes or buildings will also have some restrictions on them, and an attorney will be able to find out what they are so a smooth sale can go through.
Getting a house transaction wrong can be costly, and there are things like deeds and titles to transfer, so it can be a must, especially in some states, to have a real estate attorney on your side.
When You’ll Need a Real Estate Attorney
There are a few different times when you might need the help or advice from a real estate attorney. Getting legal advice could be essential when you are facing a difficult situation like a short sale, or a home foreclosure, such as when you’ve faced bankruptcy.
If you are selling a home, having an attorney can help to confirm that the house is in order and that there is nothing wrong with the deeds, that the proper disclosures are made to the buyer and the contract’s terms are complied with vigorously. When it comes to commercial property for your business, an attorney can be helpful as that will be a little more complicated transaction that requires in-depth legal knowledge.
No matter what the reason, having a real estate attorney could help to give you some peace of mind, as the whole process can be complex and overwhelming to deal with alone. A real estate attorney can ensure that the whole selling of the home, or buying, can go smoothly. So if you are a little cautious and just want to be covered, then having an attorney can make sure that everything is carried out in a lawful way that will protect your interests.
Some States Will Need a Real Estate Attorney
As has been mentioned, each state will differ from the rules and regulations that are required when it comes to a real estate attorney. Each state will deal with real estate and property in different ways, but some states like New York and Delaware require buyers and sellers to have an attorney present in order to sign off a sale.
There are some other states that have restrictions on what you can do during the buying or selling of a home. Some states like Alabama will allow real estate agents to approve a lot of the process, only needing an attorney to handle the deeds right towards the end of the transaction.
You may live in a state that requires the presence of an attorney during a house sale. But even if you don’t need one as a requirement, then failing to meet with a real estate attorney could get you into trouble if you come across some of the common issues that arise during a sale. If you’re looking for an experienced real estate attorney who can ensure a smooth buying or selling process on your behalf, contact The Mellor Law Firm.