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What Is The Function Of A Lawyer In Real Estate?

May 5

Your house purchase is likely to be the most significant investment you will ever make. Additionally, you may wish to contact a real estate lawyer to help with the legal parts of the deal. All aspects of real estate, from sales to settling disputes between parties, are covered by real estate attorneys.


A Guide to Real Estate Attorneys

There are several states that require that a real estate lawyer be present at the closing. An attorney for real estate may be useful even if your state does not mandate it. In the end, you'll be represented by a real estate lawyer. Prior to the conference, they will review the papers and offer feedback on any flaws or omissions that they find.

Real estate attorneys, with the exception of a few, typically bill by the hour.


What Does the Law of Real Estate Encompass?

Real estate law governs the buying and selling of land and any constructions situated on it. Appliances and fixtures, as well as any other items connected to the property, are included under this category of legal considerations.

When buying or selling a home, real estate attorneys guarantee that the right steps are taken to ensure the transaction goes well. The zoning of a property may also be an issue for these people. Among the many aspects of real estate law that are dealt with are deeds, taxes, estates, zoning, and titles.

Legislation governing real estate differs between federal, state, and municipal levels of government. Licensed attorneys must remain up-to-date on any state or local happenings that might affect the transaction.


Requirements Of A Lawyer

A real estate lawyer can draft and review a wide range of legal papers, including purchase agreements, mortgage paperwork, title documents, and documentation transferring ownership of property.

The buyer will always be accompanied to the closing by a real estate attorney engaged to handle the transaction. Closing occurs when the money is received and the title is transferred. It is the attorney's job to ensure a legally binding and beneficial transfer for the client.

During the acquisition process, the real estate attorney and staff can create documents, establish title insurance policies, conduct property title searches, and organize money transfers. Attorneys handle the paperwork for the buyer's lender, including the federal HUD-1 Form and other transfer of money papers, if the transaction is financed.

Real estate disputes, such as a chain of title, lot line, or contract-related concerns, will be handled by an attorney.

In court, a real estate attorney might represent either the buyer or seller of a piece of property. A real estate lawyer works to resolve a dispute by gathering information from all parties involved. In some cases, you may require the services of a surveyor or a title company.



It takes three years of full-time study to earn a law degree from a real estate attorney, just like any other lawyer. They've also passed the bar exam in the state where they work. Elective courses and internships in real estate law can be taken in law school, and a real estate law certification can be obtained after graduation.


What To Do If You Need An Attorney for Real Estate

As previously mentioned, a real estate attorney must be present at the closing in certain states to oversee the transaction. The "attorney closure states" include Connecticut, Delaware, Georgia, Massachusetts, North Carolina, Rhode Island, South Carolina, and West Virginia. It is not uncommon for states that need a lawyer to certify the title to be known as "attorney opinion states." All of North Dakota, Oklahoma, and South Dakota as well as Wyoming are in the crosshairs. Four states (Illinois, New Jersey, New York, and Ohio) do not mandate the use of real estate attorneys, although local custom and practice dictate that they are commonly involved in transactions.

It's up to you whether or not you hire an attorney if you don't reside in one of these states. In other cases, it may depend on how confident you are in your own knowledge of real estate law. Hiring a real estate agent is a good idea if you're in the midst of a particularly tough or ambiguous situation, such as a foreclosure or a short sale.

If you or someone you know is in need of a real estate lawyer on Long Island, please contact:

Alber Law Group, LLP
5036 Jericho Turnpike #305
Commack, NY 11725
(631) 462-6900