what should i expect when calling a real estate lawyer

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What should I look for when hiring a real estate attorney?

This is also a good way to get a feel for how much the attorney actually knows when it comes to real estate law. Ideally, you want an attorney who can offer you a brief but detailed plan of action, rather than a vague assurance of success.

Why should you talk to a real estate attorney?

Talking to a real estate attorney firsthand lets you get a feel for their personality and professionalism but you can get additional insight by talking to people they’ve worked with before.

How do I find a real estate attorney to represent me?

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 expert in your specific type of sale. From a friend: Ask colleagues, family members, friends or neighbors who they used in their home sales.

What does a real estate attorney do when selling a house?

For a buyer, a real estate attorney will ensure that the offer made is valid, whereas a real estate attorney for a seller will help negotiate the terms of the sale. They protect the rights of the buyer or the seller by examining and evaluating the documents, explaining the terms of the mortgage and providing legal advice if necessary.

Why do real estate agents work with attorneys?

Real estate brokers and agents work with attorneys on a routine basis because they want to provide great service to their clients and they understand that having an experienced, competent closing team accomplishes just that. Establishing a close, working relationship with a local attorney can save both the agent and their clients time and money, ...

What to do before referring a client to an attorney?

Before you refer a client to an attorney, it’s important to do your own investigation and look into a law firm’s reputation. Reading reviews and testimonials online may ease your mind about trusting your clients to a lawyer in your area. You can also look into attorneys’ standings with professional organizations such as AVVO, as well as with state, county and local bar associations.

What is real estate agent?

They work closely within a network that includes other agents and brokers, developers and builders, lenders, appraisers, inspectors and contractors. By working with real estate professionals in their communities, they are able to stay on top of trends in their respective markets. An agent might show a buyer dozens of homes before an offer is made. The relationships that agents foster with their clients and others in the community is built upon trust and respect.

Is selling real estate a transaction?

Selling or buying real estate is generally a substantial and involved transaction. A lot of money is changing hands, different parties are taking their piece of the pie and this often results in unexpected expenses, additional fees and confusing statements.

Do all law firms have client centered service?

Client-Centered Service. It’s a sad truth, but not all law firms operate with their clients’ needs in mind. Many do a less-than-ideal job of communicating with their clientele. When referring your clients to an attorney, be sure to look into how a particular law firm communicates with their clients.

Do real estate agents have control over fees?

Although the attorney has no control over fees, points and other costs associated with a Buyer’s loan, a qualified, professional real estate lawyer will have a firm grasp of the other costs and fees incurred in a real estate transaction and what the Seller or Buyer should expect. That is why real estate agents should work with real estate lawyers ...

What does a real estate attorney do?

Once real estate agents settle the selling price and terms and contracts are signed, the real estate attorney takes over. The attorney reviews the contracts, negotiates repairs, makes adjustments in accordance with the terms of the deal, and may attend the closing. Some states require that an attorney be present at closing, ...

Why do you need an attorney for a commercial property?

Buying commercial properties, those with structural issues and buildings located in hazardous areas warrant the services of an attorney. Sellers may hire an attorney if the property they are selling is in a state of distress. Another reason to involve an attorney is when an individual is trying to sell a property with an uncooperative partner.

What is real estate law?

Real estate law itself is a specialization. Law school students normally begin with taking elective courses and continue with real estate certification after law school. Ideally, the real estate lawyer will have earned a law degree from an accredited school. The professional might have attended law school in another state.

Can you negotiate legal fees?

Legal fees can be negotiated. Although price is one consideration, it should not be the only deciding factor. Remember that involving a qualified real estate attorney early on can prevent larger disputes down the road, plus added attorney fees, costs, and time. 4.

Is it prudent to invest in a real estate attorney?

Real estate transactions can be complicated. When buying or selling real estate, it is prudent to invest in the services of a qualified real estate attorney. Upon an initial consult with a real estate attorney, plan on asking the legal expert a few important questions.

Who is Allen Gabe Law?

Our lawyers assist homeowners as well as landlords, tenants, owners, and lenders.

Does Illinois require an attorney at closing?

Some states require that an attorney be present at closing, but Illinois is not one of them. Although the state of Illinois does not require an attorney at real estate closings, hiring this type of specialized legal professional is useful in a number of scenarios.

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.

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.

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 ...

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.

Who is responsible for underwriting title insurance?

Title company: A representative of the title company is responsible for underwriting the title insurance and transferring the clean title of the home to the buyer.

Who hires an inspector to inspect a house?

Inspector: The inspector is hired by the buyer. 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 to do if a real estate agent lied?

If you purchased a house but the home inspector and selling agent lied, you'll need to take them to court.

What happens when you meet with a lawyer?

When you meet with a lawyer for an initial consultation, you get to hear them talk and see how they handle questions. As a possible client, they are going to roll out the red carpet for you.

What is the future of real estate?

The future of your real estate transaction depends on the questions you ask. A real estate attorney who answers confidently can make your life easier. The right real estate legal professional can answer your questions, review documents, and argue cases for you in court. Don't wait any longer. Get the right attorney who will fight ...

Can you pass off a real estate case to another lawyer?

Getting passed off to another lawyer doesn't feel personal or helpful . Real estate cases can be humiliating. People who are guarded about their personal dealings and transactions don't want lots of strangers knowing their business.

Why do I need a real estate attorney?

Reasons to hire a real estate attorney even if it’s optional 1 You’re an out-of-town buyer. 2 You’re buying a property that is a short sale or bank-owned. 3 You’re buying a property that is part of an estate sale. 4 You’re buying a commercial property. 5 You’re buying a property that could potentially have some structural issues. 6 You’re buying a property in a problematic area such as a flood zone or areas with adverse conditions (tornado-prone, radon, toxicity levels, etc.).

Why do you need an attorney when selling a house?

You’re the heir or executor of a property whose owner is now deceased. You’re selling a house with an uncooperative partner. You have judgments or liens on the property.

What is the education required for real estate agents?

As part of agents’ licensing education, they’re taught and tested on real estate contracts used within their state, many of which also require continuing education courses and/or certifications on subjects such as ethics, buyer’s agency, distressed property sales, and more.

What is a real estate lawyer?

A real estate lawyer is licensed to practice law and specializes in real estate transactions. A real estate lawyer is familiar with all aspects of the home purchase process and can represent buyers, sellers or lenders. In states where a lawyer is required to be present at closing, it’s possible that the lawyer is there solely to represent ...

What are some situations that are unusual and might require an attorney’s advice and negotiating skills?

Here are some situations that are unusual and might require an attorney’s advice and negotiating skills: You’re buying a home that is part of a special type of sale, such as an estate sale, short sale, auction or purchase from a bank. You’re purchasing a home that’s in another state.

What could affect the timeline for closing on a home?

Your timeline for closing on the property could be affected by the sale of your own home or issues largely outside of your control, such as unexpected lender delays. Inspection. A home inspection can uncover many problems, and a seller and buyer could end up negotiating on who will pay for repairs.

What is closing on a home?

Closing. The moment you’ve been waiting for— closing on a home sale or purchase —often involves dozens of pages of legal documents to review. A lawyer can help both the seller and buyer navigate the review, which can be especially intimidating and confusing to a first-time homebuyer.

Why is it important to have a lawyer in a negotiation?

This is important because when you’re in the middle of a potentially contentious negotiation that needs to be resolved quickly, you’ll want the lawyer to be available to advise you and negotiate with the other party.

What is the most important document in the home sale process?

It can help you avoid potential problems down the line by making the contingencies as favorable to you as possible. The contract is the most important document in the home sale process, and it includes several negotiable issues. Some of the most important issues in the purchase contract involve: Timing. Your timeline for closing on the property ...

Can a lawyer review a purchase contract?

Although real estate agents usually play a central role in preparing purchase contracts, a lawyer could provide a review of the purchase contract terms. What’s more, real estate agents are generally limited to filling out contract templates, rather than drafting them from scratch.