why do people feel they have to have a lawyer in a land sale

Do you need a lawyer to sell land and property?

A title search is routine before a purchase, and might turn up a lien on the property you’re selling or buying, which a lawyer can help investigate. A lawyer also could help ensure the title...

What does a real estate lawyer do?

Aug 09, 2017 · A lawyer can help you negotiate and move forward with the purchase. If You’re Selling Your Home Yourself If you’re doing a For Sale By Owner, make sure you get a lawyer to help you draft the proper documents for the sale. A lawyer’s help is absolutely necessary in this situation to make sure the terms of the deal are legal and fair.

Do I need a lawyer for a real estate transaction?

Jun 04, 2019 · An attorney can help review title paperwork and ensure that the land is free of judgments or disputes and cleared to be sold, without any title issues getting in the way. Helping to handle recordkeeping, documentation, and financial disbursements.

Should you hire a lawyer when buying a home?

Not just because of the accurate due diligence that a lawyer is required to do, but also because a real estate lawyer is able to discover hidden issues and ask the vendor to sort them out before selling the property. If you need a real estate lawyer for buying a house or a land or for any other transaction, feel free to get in touch with Luxury Law. Give us a call at (+39) 327 1260285 if you …

What to do if you are selling by owner?

If you’re doing a For Sale By Owner, make sure you get a lawyer to help you draft the proper documents for the sale. A lawyer’s help is absolutely necessary in this situation to make sure the terms of the deal are legal and fair.

Can a lawyer help you buy a house?

If you’re buying a home, you may find that there’s a problem with the title that you need worked out before you can purchase. For example, Ferrer said, perhaps the home was inherited, but not all the siblings who inherited it signed off on selling the property. A lawyer can help you negotiate and move forward with the purchase.

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.

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.

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 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.

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.

How long does it take to close a real estate transaction?

Closing. After you sign a contract in which you agree to a real estate transaction, you normally have to wait a few weeks for the lender to appraise the property and complete the loan underwriting process. On the day of the loan closing, you sign the actual sale documents.

Can you sue a real estate agent?

Legal issues can arise after you complete a real estate transaction and, in some states, you have the right to sue your real estate agent, the seller or even the home inspector if problems emerge with the home after the completion of the sale. If the real estate attorney facilitated the sale, then the attorney already has prior knowledge of the sale, which makes any litigation much easier to complete. While many real estate transactions move smoothly without the involvement of an attorney, people involved in sales that go awry often end up wishing that they hired an attorney.

Do real estate agents have lawyers?

However, real estate laws vary from state to state and most real estate agents are not practicing lawyers. While real estate agents have a broad knowledge of real estate transactions, an opinion based on prior real estate experience and state law are two entirely different things.

Replies

Laws vary from state to state, but I'd be leery of his assurances there are no liens etc -- stuff can happen without hus knowing it.

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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 is a taking of land?

A taking could be complete, where the property and all rights connected to it are taken, or partial, where the government takes only a portion of a parcel of land (for example, land needed to widen a road or lay a cable). Easements (the right to use your property), such as utility easements, are also a form of taking.

What is the power of eminent domain?

Eminent domain power allows a government entity to take private land for public use. Sometimes called the power of condemnation, or referred to as a "forced sale," this is within the legal toolkit of federal, state, local, and even quasi-governmental agencies and public utilities. While each jurisdiction has its own laws ...

What is considered in an appraisal?

The appraisal will typically take into consideration a variety of factors about the property’s condition, location, improvements, natural resources, and broader market conditions. In theory, the valuation should approximate the amount of money you would likely be able to command on the private market if you attempted to sell. ...

Can you challenge the government for eminent domain?

While it is difficult to challenge the government’s ability to take your land , it is common for owners to challenge the amount of money the government is obligated to pay. Knowing your options when faced with an eminent domain case is critical. An eminent domain lawyer is often a necessity in adequately protecting your interests in public hearings.

What is squatting in real estate?

Squatting, however, is usually used to refer to unwanted tenants who have occupied a property with the intention to stay for the long haul. In addition, “holdover tenants” who have not moved out and not paid rent may also be considered squatters in some cases.

How long do you have to live on a property to be considered a squatter?

But the reality of adverse possession is that in states that permit it, the person usually has to live on the property for a minimum period of time—typically several years.

Who is Scott Royal Smith?

Scott Royal Smith is an asset protection attorney and long-time real estate investor. His law firm, Royal Legal Solutions, helps thousands of real estate investors and entrepreneurs in all 50 states protect more than $1.2 billion in assets. Since 2014, he has published over 1,000 posts and articles on BiggerPockets and has appeared on hundreds ...

Is trespassing a crime?

Trespassing, on the other hand, is a crime. If you catch someone in the act of trying to breach and make themselves at home in a private property, particularly one with tenants, then you’re actually in a great position. This is inarguably trespassing. Call the cops, have the intruder removed, and move on with your life.

Do squatters deserve dignity?

Squatters, burdensome as they may be, are humans and deserve some dignity and respect for that fact alone. And remember, just because you hear a horror story or two around squatters’ rights or adverse possession doesn’t make such stories the norm.

Can police help you remove someone who is trespassing?

You might luck out and police can help you remove someone who is simply trespassing. But if you force someone out without the law in your favor, they may be able to sue you later. When in doubt about the law, always contact an attorney familiar with your jurisdiction.

How to pitch a house?

This pitch accomplishes three things: 1 The agent has blamed the purpose of the call on someone else. They are just delivering a message, so it’s technically not really a cold call. 2 The agent compliments the owner on their home which strokes their ego. Everyone thinks that their home is the greatest house on the block and this re-enforces the delusion. 3 The agent has baited them with the possibility of discussing an offer. The goal however is to get inside the home and learn their pain-points; i.e., are they considering downsizing, do they need to be closer to family, etc.

What is a bad apple agent?

THE SETUP: A bad apple agent finds a likely target with an elderly homeowner or a homeowner who is too trusting and they will get a feel for how much the homeowner knows (or doesn’t know) about how to price their property for sale.

What is the trick of getting a super hot lead?

THE SETUP: This trick involves the real estate agent getting a super hot lead on a very desirable property, something which a real estate developer could make a lot of money on (usually from deceased owners or an elderly person) in a very desirable location.

What is a single party agreement?

A Single Party Agreement is an agreement which states in effect “if this particular person purchases this particular property within a certain timeframe, the real estate agent will be compensated”.

What is double commission?

THE PAYOFF: Double commission! Representing both sides in any transaction is an agent’s dream. Also, they have total control to manipulate the deal from both sides to get it to close.

Do real estate agents have email lists?

THE SETUP: The general public is unaware that in most all major housing markets, real estate agents have internal newsgroups, Facebook groups, email lists, etc. in which they attempt to match buyers and sellers of off-market properties, not available to the public.