Takeaways of what a real estate attorney does - How he may help you out

Posted On Thursday, 06 January 2022 20:29

There’s no doubt when we say that the biggest investment that we can make in our lives is buying a home. As there are legal processes involved in buying a real estate property, apart from hiring a real estate agency, you might as well consider hiring a real estate attorney who can guide you through the complex legal procedure. Real estate lawyers are proficient in matters associated with the property, from tackling disputes between two parties to handling transactions. 

If you are looking for a real estate attorney in Monroe, NC, you should first know who he is and what he does. Keep reading to boost your knowledge of real estate attorneys. 

What is a real estate attorney?

A real estate attorney can also be called a real estate lawyer and he is a person who is licensed to practice real estate law. This means that they have both experience and knowledge to recommend either a home sale or a short sale to parties who are included in a real estate transaction. 

A real estate lawyer - What does he do?

Real estate attorneys deal with transactions of ‘real property.’ The term ‘real property’ can at times be used interchangeably with real estate - whether permanent or land structures that are fixed in one place. 

Buying real property doesn’t always mean that you have to go to court. A real estate attorney will help you in reviewing and preparing all the paperwork that is related to buying a home. Documents may include the additional agreements, the contract, the title transfer documents, and the documents from the lender. When you use the services of a real estate attorney, they can also be by your side during the closing, either in person or virtually. 

Besides the main part of a home purchase, real estate attorneys often handle other parts like title insurance or title searches to ensure there are no delinquent liens or claims against the property. They also provide you with the document of fund transfer between the lender and the seller. 

Are you supposed to hire a real estate attorney?

Your decision to hire a real estate lawyer will be based on the location where you’re trying to purchase a property. The practice of law varies from one state to another and hence something that is fine for a notary in one state might require the services of an attorney in another. 

  • When you’re purchasing a home in a few states like Delaware, Connecticut, Georgia, Delaware, New York, Massachusetts, West Virginia, North Carolina, or South Carolina, you will require an attorney to tackle a few parts of the transaction. 
  • In the case of other states like Louisiana, Alabama, North Dakota, Mississippi, and South Dakota, their state law demands an attorney to provide a title opinion. This implies that the lawyer has reviewed the title examination and doesn’t see any impediments to the real estate deal. 
  • If your state doesn’t require real estate attorneys, you might still wish to get one if you’re dealing with a confusing purchase, like for example, a short sale. 

There are a few cases where your mortgage lending institution will ask you to get a real estate attorney. This means you’re exempted from paying the attorney fees as the lawyer won’t represent you as a buyer. 

If you are someone who is desperately searching for a real estate attorney, get the best recommendations from your relatives and friends who have recently been into the process of buying a home. Check the credentials of the attorney with the bar association of your state before hiring them. 

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