Most people are unaware that Real Estate attorneys exist, much less understand what kind of services we provide. Essentially, a real estate attorney handles the legal aspects of a real estate transaction and sometimes acts as a litigator. There are two different types of real estate attorneys, there are either residential or commercial. Residential real estate attorneys focus on regular home buying versus commercial real estate attorney focuses more on project construction.
There are some real estate attorneys that are specialists and others that are just generalists. But to fully understand if you need a real estate attorney, it is best to understand what the typical services they provide are. In this blog I will do my best to clarify the common practices of real estate attorneys, however, each individual attorney may offer a different variety of services, and these are just the most common ones you can come across.
Since real estate is very document-heavy, a real estate attorney can correctly complete any documentation that comes with purchasing a home or land and address any concerns you may have about the legality of said documents. The main documents a real estate attorney can revise or draft up our mortgage documents, title documents, eviction notices, purchase agreements, rental agreements, lease contracts, and any other notarized documents.
While you may work with a real estate agent while buying any form of real estate, only a real estate attorney can revise or draft up these legal documents to ensure that their client has a smooth transaction, and all their legal concerns are covered.
Handle Legal Disputes
If you are experiencing any real estate issues a real estate attorney is capable of representing you in a court of law. Essentially, real estate attorneys can handle litigation matters of any kind of real estate issue. From title or land disputes, there are real estate attorneys who specialize in handling these litigation matters and are experienced with contract laws, and can represent you if things go to trial.
Things do not immediately go to trial, since a real estate attorney can handle any negotiations between parties, but if negotiation does not resolve these issues then that is when things go to trial.
Give You Control and Clarity
The average person buying a home isn’t savvy with technical legal terms and may be taken advantage of when purchasing real estate. We are here to provide clarity to our clients to ensure that they are not losing money or any other negative issue that can happen while purchasing a home or any kind of property.
We can assist with helping our clients understand if there are any future or current tax liabilities that come with their real estate property. A majority of the time when making a big investment like real estate, people do not consider how these investments can affect their taxes and in some cases, it can negatively impact them in the future.
One of our main goals is to put as much knowledge and control in the real estate purchasing process as possible. Regardless if you are buying or selling we ensure that the entire transaction process goes smoothly and whatever problems arise, we try and take care of them as quickly and efficiently as possible. As real estate attorneys, we can also act as mediators between brokers, investors, developers, or even other attorneys.
Providing the best consulting and representation for our clients alleviates the legal worry of buying, selling, or even renting. We can also mediate issues if you already own a home but are experiencing disputes with homeowner’s associations or condominiums that have restrictive covenants. A real estate attorney can go over the covenants with you and make you aware of what rights you have while renting or owning a home within specific associations.
This is an area that some real estate attorneys specialize in and focus on. This is the process of handling any trust deed foreclosures or mortgage foreclosures. Real estate attorneys can handle negotiations for settlements or challenge any mistakes made within the foreclosure process.
We can represent either lenders or borrowers and assist them throughout the whole foreclosure process. If you think you are in any trouble with your mortgage payments it would be a good idea to contact a real estate attorney and try and resolve the issue as soon as possible. We do everything in our power to help our clients who might be struggling to fight foreclosure and will help stall the action until we can resolve any issues and reach a proper conclusion to the case.
When Should You Hire a Real Estate Attorney?
Within some states, it is required to have a real estate attorney oversee any real estate transactions and be a part of the closing process. While some states might just require a real estate attorney to certify a property title and other states do not require a real estate attorney to be present at all within the process of selling or buying real estate.
It is best to hire a real estate attorney when buying a house if you are not knowledgeable about the process of purchasing real estate or even selling. We are here to help ensure you are getting the best possible deal in addition to providing assistance with drafting or editing any purchase agreements.
If you are about to close on a property sale, we can assist with the closing process and prepare a closing statement with information from both the seller and buyer to break down the fairness and details of the final closing sale to ensure that the deal was executed as smoothly as possible.
If you are in the market for a real estate attorney to properly represent your real estate needs, Corey Beck has been practicing law within Las Vegas for a little over 20 years. Request a consultation today and learn more about how our office can help you.