what is the difference between a real estate attorney and a real estate lawyer

Only an attorney is qualified to give you legal advice. A real estate attorney is an expert in real estate laws. An attorney can prepare legal documents, and represent you in court.

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Why should you hire a real estate attorney?

Why Should You Hire a Real Estate Attorney? "A real estate attorney can assist you with many aspects of the real estate transaction. Some buyers and sellers involve attorneys due to the high value of their transactions even when they have other professionals working on it as well.

How do you find a real estate attorney?

Some common examples of when hiring a real estate lawyer makes sense include:

• Exclusive representation. When you are buying or selling your home, everyone has an interest in the deal getting done, including real estate agents and the lender. ...
• Reasonable cost. If a real estate lawyer charges an affordable fee, hiring one could be a solid investment. ...
• Peace of mind. ...

How much are real estate lawyer fees?

Real estate lawyers typically charge a flat fee, which ranges from $750 to $1,250, Reischer said. Although there shouldn’t be any hidden fees, Romer said there are always carve-outs and exceptions. Because of this, it’s important to do your due diligence before hiring an attorney in order to try and ensure you know exactly what you’ll be ...

Is a lawyer a real estate agent?

A real estate attorney, also known as a real estate lawyer, is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale or short sale.

What is a real estate transaction?

Every real estate transaction involves an overwhelming amount of complex legal documents that must be read and understood before signing. We can explain the legal terms and technical language used in the purchase contract, mortgage, and any other transaction documents, allowing you to sign with peace of mind.

What is a good real estate agent in Florida?

Good real estate agents have knowledge of Florida real estate laws and customs and can guide you through simple real estate transactions . It's their responsibility to: However, buyers’ and sellers’ agents aren't lawyers, and cannot provide any legal advice during a real estate transaction. A real estate attorney can perform all of the duties ...

Can an agent lose his real estate license?

An agent could lose his real estate license by answering a legal question for a buyer or seller—even if he knows the right answer. Given these limitations, a real estate attorney is in a better position to protect all of your interests throughout the buying process.

Can a real estate agent be a lawyer?

However, buyers’ and sellers’ agents aren't lawyers, and cannot provide any legal advice during a real estate transaction. A real estate attorney can perform all of the duties of a real estate agent, but he or she can also: Answer your questions. Every real estate transaction involves an overwhelming amount of complex legal documents ...

How much do real estate attorneys make an hour?

Unlike real estate agents, lawyers are paid on an hourly basis, and therein lies the biggest drawback of hiring a real estate lawyer in the purchase of your home — attorney's fees can range from $175-$400 per hour.

What is the job of a real estate agent?

Almost all sellers have seller's agents, whose job is to get the very highest price for the property. By working with a buyer's agent, buyers gain knowledge of the industry and familiarity with the particulars of a neighborhood, sellers, contractors, etc. Some states require the use of buying agents to ensure fair dealing between buyers and sellers.

What do homebuyers do instead of buying agents?

Instead of (or in addition to) buying agents, homebuyers may also employ real estate attorneys to represent their interests in the purchase of a home. Attorneys are experts in real estate law and can provide guidance on legal issues that may arise.

Why do you need a buying agent?

It's a relief and an assurance to have an agent who will walk you through the process and look out for your interests. A buyer's agent can be very helpful in hiring home inspectors, negotiating over who will pay for repairs, finding listings, and other matters which are everyday activities for agents but may be foreign to most homebuyers.

How do real estate agents get paid?

How Buying Agents Are Paid. In a typical arrangement, real estate agents are paid through commission — generally around 5% of the home's purchase price. In the common two agent situation (the seller's agent and the buyer's agent), the agents split the 5% and the commission is paid by the seller. Some buyers prefer to pay commission to ...

Why do you need an attorney to review a contract?

Attorneys can be very useful in reviewing contracts. Particularly if you are purchas ing a home without a buying agent, you should have an attorney review the real estate contract to make sure that you will not be subject to terms that unfairly favor the seller.

Why do people hire real estate agents?

Buying a new home will likely be the largest and most significant investment of your life, which is why many people choose to hire a real estate agent to assist in the search and negotiate on their behalf. But it is often a good idea — and sometimes necessary — to also work with a real estate attorney.

What is a lawyer?

A lawyer is someone who has been educated in the law and has completed law school. They can provide legal advice to others, but they cannot represent clients in court because they have not passed the bar exam. Some lawyers work under attorneys to gain experience in a law firm setting while preparing to take the bar exam.

What are the duties of an attorney?

Additional duties of an attorney include interpreting federal and state laws, applying their knowledge of the law to meet the needs of their clients and keeping careful records that outline their interactions with clients and other legal professionals.

What is the role of a patent attorney?

Primary duties: A patent attorney helps inventors negotiate for and obtain the legal rights to their inventions. They inform their clients on what is included within their intellectual property and they often draft patent applications. They may also represent their clients in cases of patent infringement.

What is the primary job of a litigation attorney?

Primary duties: A litigation attorney represents their clients in court cases, mediations, administrative law proceedings and arbitrations. They spend their time preparing to present cases in court, as well as reviewing past cases, preparing paperwork, meeting with new clients and handling complex legal needs.

What is the primary job of a legal officer?

Primary duties: A legal officer monitors all the legal affairs within an organization, handling both internal and external affairs and concerns. The main duties include providing legal advice, performing research, processing and developing legal documents and identifying potential risks to the organization. 2. Lawyer.

What is the job of a staff attorney?

Primary duties: A staff attorney works for a specific organization as a member of its staff and is responsible for managing the legal services needed by that company. Duties include performing analysis and research of legal issues and laws, providing training for professional development, managing contracts and employment agreements and protecting an organization's legal rights.

What is an LLM degree?

Another option is the Master of Laws (LLM) degree, which is an advanced certification that gives the holder credibility on a global scale. The curriculum of an LLM program depends on the university offering it.

What is the role of realtor?

The role of realtors in a property deal depends on whose interests they represent, the buyer or the seller of property. Their roles overlap with those of real estate agents and brokers. The primary responsibilities of realtors include the following:

How long does a realtor work?

Out of the office, realtors' work entails traveling with clients showing them houses on sale or assessing houses' condition. A typical working week of a realtor extends past 40 hours. They may also be required to work over the weekends or late in the evening to suit the client's schedule. Realtors may be self-employed or hired by real estate agencies.

Do realtors learn on the job?

Some realtors may join real estate firms as agents and become realtors upon gaining experience and earning relevant certifications. Inexperienced and licensed realtors may obtain training through real estate agencies that provide formal training. The training allows new realtors to learn how the real estate industry works through mentorship from a more experienced professional.

Who can recommend a real estate attorney?

Friends, family members, realtors, and bankers can recommend real estate attorneys in your area. Even with recommendations, make sure that you research the lawyer and read reviews. You want to choose an attorney with experience in the specific real estate matter.

Why is it important to have an attorney review a real estate contract?

It is important to have an attorney review a real estate agreement before signing the contract. Breaching a contract (failing to perform the terms and conditions within the contract) can result in costly real estate litigation and damages.

What is the role of an attorney in real estate negotiations?

An attorney performs due diligence to protect the client’s best interest while giving the client legal advice regarding the real estate matter.

What are the elements of a real estate contract?

The basic elements of contracts include an offer, acceptance, consideration, mutual assent, capacity, and legality.

What happens if a real estate contract is not drafted correctly?

However, if a real estate contract is not drafted correctly, the parties could incur substantial costs and time attempting to enforce the terms of the contract. Real estate lawyers have extensive experience drafting and reviewing real estate contracts.

What is the job of an attorney?

An attorney’s job is to protect his or her client’s best interest. The attorney cannot do that when the attorney represents parties that have adverse concerns. Throughout a real estate transaction, the attorney provides sound legal counsel to his or her client.

Can real estate disputes be settled?

Those issues are generally negotiated and settled without litigation. However, some disputes cannot be settled through negotiation. Real estate attorneys who handle litigation matters are experienced trial lawyers who understand real estate law, in addition to contract law and trial procedures.

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

Is it legal to buy a home?

Buying a home isn’t just a simple purchase; it’s also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be so complex, sometimes it makes sense (or is even required) for home buyers or sellers to enlist an attorney who can look out for their best interests.

Do you have to have an attorney at closing?

If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your contract was negotiated. If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you.

Steven B. Spewak

This is a matter in which you need to consult with a probate lawyer. If your father died without a will, the State of Missouri has a statute that determines who ownership passes to. Same with your grandmother's land, assuming she is deceased. Her property would pass as provided in her will or as provided by law if she left no will.

Gregory L. Jensen

Go see a probate lawyer for advice. It might be the house can be "probated" and title transferred to the rightful heir (depends on whether there's a Will or not and what whether your father left a widow and other siblings.

Gregory Deemer

Death with or without a will: Probate Lawyer is the best place to start. The discussion with the probate lawyer will involve a conversation about options with the property, what happens to assets when there isn't a will, and set proper expectations.

Is it mandatory to have a real estate attorney?

Getting a real estate attorney is not mandatory, although having title insurance is not optional. It is optional to hire a good real estate attorney to review your legal documents before you close and you want to have one to prevent legal problems in the future.

Do realtors work with attorneys?

Realtors, as well as buyers and sellers and lenders, all benefit from working with attorneys as the attorney will review the purchase agreement. They can also answer legal questions concerning the contract or the negotiations, and how that might affect a property’s title.

What does a real estate attorney do?

A real estate attorney prepares or reviews all of the documents that are signed at the closing of a real estate purchase. The attorney is then present at the closing to represent the buyer's (or the seller's) interests. Real estate law is a matter for state and local jurisdictions.

What does a lawyer do in real estate?

Lawyers who specialize in real estate ensure that proper procedures are followed during the acquisition or sale of property. They also may be concerned with how a property is zoned for usage. Real estate law covers deeds, property taxes, estate planning, zoning, and titles.

What is closing on a property?

Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interests of the client. During the purchase of a property, the real estate attorney and staff might prepare documents, write title insurance policies, complete title searches on the property, ...

What is real estate law?

Real estate law encompasses the purchase and sale of real property, meaning land and any structures on it. It also covers legal issues related to anything attached to the property or structures, such as appliances and fixtures.

How long does it take to become a real estate lawyer?

Qualifications. Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full-time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, ...

Which states do not require real estate lawyers?

Four states—Illinois, New Jersey, New York, and Ohio— do not require real estate lawyers, however they are typically involved in transactions according to local custom and practice. 1. If you don't live in one of these states, it's up to you whether you want to hire an attorney.

Do you need a real estate attorney at closing?

Many states require a real estate attorney be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you. A real estate attorney will represent your interests at closing. They will review all paperwork in advance and advise on any problems or omissions with the documentation. 1.