The Basics to Learn Before Hiring a Real Estate Attorney

There are many different circumstances in which hiring a real estate attorney is advisable. A handful of states require the presence of a real estate attorney during closings. In states where a lawyer is not required, there are circumstances in which it is in your best interest to hire someone for legal representation. Whether buying or selling a property, a lawyer can ensure your legal rights are protected. Commercial real estate transactions and overly complex situations require real estate lawyers to guarantee a party’s best interests are upheld. If you are deciding whether to hire a real estate lawyer, keep reading for guidance in your decision-making process.

States Requiring Attorneys in Real Estate Transactions

If you reside in one of the states listed below, you will not have a choice in hiring an attorney. These states require the presence of lawyers during real estate closings: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia. Real estate lawyers must be a part of the real estate transaction process for each state listed. If buying or selling, your real estate agent will take care of this step during the transaction process.

What Do Real Estate Attorneys Do?

Real estate lawyers are educated and experienced in the legal aspects of real estate transactions. Sometimes he or she will be hired at the beginning of a transaction, advising and guiding the process from the start. Other times, real estate lawyers are only hired to act as litigators if a dispute arises in the process of a transaction. There are two subsets of real estate law: commercial and residential. Commercial real estate lawyers work with businesses to buy, sell, lease, and develop properties. Residential lawyers can prepare and manage mortgage, title, and closing documents associated with buying a home. For example, please check Atlanta Estate Law Center to learn more about what they do. 

When to Hire a Real Estate Attorney

Determining whether you need to hire a real estate lawyer depends on a few factors. If not required by state law, deciding whether to hire a lawyer depends on the complexity of your situation. If you are entering a simple month-by-month lease or are purchasing an uncomplicated residential property, you likely do not need the assistance of a real estate lawyer.

When deciding whether to hire a real estate lawyer, do your own research. Do not leave the decision up to a real estate agent, who will have their own best interests at heart. Real estate agents work from the commission, and although he or she may be honest, they likely do not want other parties involved in the purchasing process. If you are involved in the circumstances listed below, hiring a real estate attorney is recommended.

Commercial Real Estate Transaction

Commercial real estate deals are complicated, expensive, and involve a high amount of risk. Most people are not involved in

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