what type of lawyer do you need for the sale of land

by Oswald Dibbert 7 min read

real estate attorney

Do you need a lawyer to sell land and property?

Do You Need a Lawyer to Sell Land and Property? By Ciaran John From a legal perspective, you do not need to hire a real estate attorney when you purchase or sell land or property. In fact, you do not even have to involve a real estate agent as you can draw up a legal agreement directly with the other party involved in the transaction.

What does a real estate lawyer do?

The parties need good legal advice to assure that the land contract reflects their agreements and that their interests are protected. An experienced real estate attorney is invaluable to properly completing such a transaction. Share Tweet Share Jose Rivera Managing Editor Editor Last Updated: Mar 11, 2018 Law Library Disclaimer

Do I need an attorney to sell my house in Texas?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

Why hire a land use and zoning lawyer?

Jun 04, 2019 · An attorney can help you look into zoning ordinances for the area, allowing you to determine if your lot is zoned for residential development, commercial development, mixed use, or so on. If necessary, your attorney can be a partner as you make appeals or submit relevant documents to zoning boards and other local or governmental bodies.

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What Advantages Does a Land Sale Contract Offer a Buyer?

For the buyer, the land contract may be the only financing available depending upon economic conditions, the type of property, or the buyer’s creditworthiness. It may have a smaller down payment, fewer closing costs, and even a lower interest rate than a mortgage.

What Advantages Does a Land Sale Contract Offer a Seller?

For the seller, land contract financing may be the only way to put the sale together. It allows a deferral of capital gains over the term of the land contract payments. Enforcement of a land contract is somewhat easier than a mortgage, but the seller assumes the risk that he will have to retake the property and resell it.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

What can an attorney do for vacant land?

An attorney can help you look into zoning ordinances for the area, allowing you to determine if your lot is zoned for residential development, commercial development, mixed use, or so on.

What can a real estate attorney do?

A real estate attorney can assist when it comes to ordering a plat of survey and discovering any easements or other restrictions on the property, such as historical designations or environmental regulations. Land surveys can also help determine the boundaries of the property, ...

What can an attorney do for a property?

An attorney can help look into the history of the land, including determining if other developers have attempted to build on the lot previously – and, if so, why they were unable to complete their projects. Helping you to find liens, lawsuits, and other judgments involving the property, or nearby properties. Helping you to find restrictions on the ...

What does an attorney do when buying a house?

As with a home transaction, an attorney is going to be a vital partner when you purchase a lot, one who can assist with the many moving parts that go into making sure your real estate project advances forward. That may mean handling routine documents and paperwork, like processing purchase and sale agreements, to be sure.

What does a land survey do?

Land surveys can also help determine the boundaries of the property, and help determine if there are any legal complications , such as encroachments or disputed boundaries, that might come up. Helping to clear title on the property. Title searches and insurance aren’t just for homes.

Why is it important to own land?

Owning land can be a path to prosperity and fulfillment – but it’s also important to remember that purchasing raw, vacant, or undeveloped land can often come with its own unique set of challenges and obstacles.

Is Chicago a real estate city?

Chicago is a city full of real estate opportunities – but it’s important to have the right team by your side as you plan ahead for the project of your dreams. The right attorney will bring a working knowledge of local law, taxes, and more, helping ensure that you get the fairest deal possible, whether you’re looking to build on vacant land, convert commercial properties to residential, or even construct the next skyscraper to dominate the Chicago skyline.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

1 attorney answer

Of course you don't NEED a lawyer to do anything. You can always do anything on your own....even brain surgery. Here is what you need to sell: The ability to understand what is being sold and what disclosure obligations you have. The ability to set the correct price (only a real estate broker can legally advise on this issue).

James S. Tupitza

Of course you don't NEED a lawyer to do anything. You can always do anything on your own....even brain surgery. Here is what you need to sell: The ability to understand what is being sold and what disclosure obligations you have. The ability to set the correct price (only a real estate broker can legally advise on this issue).

What does it mean to execute a deed in NJ?

Executing the deed means that between you and the seller, you have title.

What to do if property lines are not clear?

Next, go to a title company and tell them to run a title search and issue a policy, then close.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

What is a quitclaim deed?

Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.

What to do before transferring a warranty deed?

So, before transferring a general warranty deed, the owner has to resolve all mortgages, tax liens, judgment liens and other relevant debts and encumbrances. If you are transferring property under a general warranty or similar deed, it’s wise to seek professional assistance.

What is the correct language for a conveyance?

The correct language, including words of conveyance, must appear: a statement from the grantor conveying the interest to the grantee, and the amount of consideration. The consideration is the value exchanged for the deed. If the grantee pays, the payment amount is included.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

What is community property?

Community property: In community property states, spouses own the home 50-50. Each may leave their part in a will. Some states offer community property with survivorship rights, which avoids probate. A title may be in people’s names, or the name of a business.

Is a quitclaim deed simpler than a warranty deed?

Some deeds require more expertise than others. A quitclaim deed, for example, is far simpler than a warranty deed. Let’s take a closer look.

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