talk to a real estate lawyer

by Mr. Eddie Bogan 10 min read

Should I Talk to a Real Estate Lawyer? If you are considering a second mortgage on your home, it is a good idea to speak with a qualified real estate attorney. The right attorney can help you by explaining different financing options depending on what your needs are, and what you can expect out of the process of taking out a second mortgage.

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How do I find a real estate lawyer?

You've come to the right place. Whether you are a buying or selling a house, or own property like a condo, single family residence, or commercial real estate, a real estate lawyer may help. Use FindLaw to hire a local real estate lawyer near you to help you when you have real estate problems like a dispute with the homeowner's association or noise from neighbors, recording …

Do I need a real estate attorney to buy a house?

I know how hard it can be to hire a lawyer - we're not cheap. So I'm always happy to speak with people who think they might benefit from hiring an attorney. I help them get a better understanding of their situation and whether they need to incur that substantial cost. Craig Blackmon, Attorney at Law (206) 369-5949 craig@seattlepropertylawyer.com

How much does a real estate attorney charge to sell a house?

Mar 02, 2017 · We are often asked when a client should talk to a Texas real estate attorney. Below is a list of some situations where the advice of a real estate lawyer would be beneficial. BUYING OR SELLING COMMERCIAL OR RESIDENTIAL REAL ESTATE Including single and multi-family properties, retail shopping cen

Does your real estate attorney have your best interests at heart?

How to find the right real estate attorney. Like any professional relationship, finding the right representative is key. Here are two common ways sellers find their real estate lawyers. 1. Referrals. From your agent: Experienced real estate agents often have a list of attorneys they work with regularly and recommend. They may even have a referral for an attorney who is an …

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What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

What is the job of a home inspector?

Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What is the second option to sue for a land dispute?

Your second option is to sue for a declaratory judgment. This is a way to put your dispute in front of a judge, who will make a legal determination as to whether or not you own the subject land.

What is the best way to resolve boundary disputes?

There are different types of boundary disputes, and different approaches to solving them. Cooperation and diplomacy, however, are often the best solutions, no matter which side of the fence or property line you’re on. A lawsuit against a neighbor is seldom a good idea.

What happens when neighbors dispute a fence?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: 1 constructs an improvement that clearly crosses a property line 2 fails to obtain building permits before starting work or installations 3 doesn't obtain approval from a required source such as a city or town planning commission or homeowners’ association 4 builds an improvement that violates a state law, local ordinance such as a zoning restriction, or the covenants, conditions and restrictions (CC&Rs) of a homeowners’ association. 5 constructs an improvement that violates a restrictive covenant (a clause in a deed limiting property use), or 6 interferes with an established property use, such as by blocking a path or driveway.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

Can neighbors argue over boundaries?

Neighbors rarely begin random arguments over boundaries. More often, boundary issues arise when a property owner makes improvements or changes —erects a new fence or wall, for example. A dispute against a neighbor might soon become ripe for a lawsuit if the neighbor: constructs an improvement that clearly crosses a property line.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

Can you sue a neighbor for trespassing?

First, you can sue for continuing trespass or ejectment. In a continuing trespass or ejectment action, you are asking a judge (typically a state court judge) to find that your neighbor is trespassing on your land, and further ordering that the neighbor remove him- or herself and any possessions.

What can a real estate attorney do?

A real estate attorney can help you draft a covenant that will restrict how the new owner can develop the land, or make sure that you are granted an easement to pass through the land to access a public road or another part of your property.

Do real estate attorneys work?

Spoiler alert: Real estate attorneys actually do a lot of work. If everything goes smoothly with your home purchase, your attorney will come back and tell you to go through with the deal without any further changes.

Do you need an attorney to close a real estate transaction?

Some states require that an attorney be involved in a real estate closing, while other states let real estate agents prepare purchase contracts without any involvement from attorneys. Typically the buyer pays for a real estate attorney.

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