Real Estate Attorneys

What do real estate attorneys do?

Real estate attorneys represent clients in a variety of transactions and litigation involving land and the improvements built on it (most often buildings and other structures). From the purchase of a new home to leasing space in a commercial shopping center to litigating mortgage foreclosures in court, these attorneys help their clients in a wide variety of situations.

The following list mentions some of the more common legal services real estate attorneys provide to their clients:

  • purchasing, leasing, or subleasing residential or commercial real estate;
  • financing real estate purchases and projects for building structures on real property;
  • selecting appropriate business structure for real estate deals;
  • litigation concerning real property, such as contract disputes and mortgage foreclosures;
  • permits, inspections, planning, zoning, and land use;
  • negotiating and drafting all contracts related to real estate sales and leases;
  • resolving disputes with homeowners’ and condominium associations; and
  • representing property owners in real estate tax hearings and appeals.

What law governs real estate matters?

A combination of federal, state, and local laws regulate real estate transactions and litigation. For example, federal law imposes certain requirements upon residential mortgages, while state and local law governs real estate contracts and relations between landlords and tenants.

When would I need a real estate attorney?

You need a real estate attorney whenever you are purchasing or leasing any residential or commercial real estate, and when you are involved in any of the matters listed under the “What do real estate attorneys do?” section above.

Why do I need a real estate attorney?

The law governing real estate is complex and most people do not have a lot of experience with it. A real estate attorney can explain your rights and responsibilities to you and can help you negotiate a more favorable contract or obtain a better result in court.

How do I select an attorney?

We cannot list every consideration related to selecting the right attorney to represent you in a real estate transaction or court case, but here are some general guidelines and questions in four areas—knowledge, experience, availability, and your personal level of comfort with that attorney.

Knowledge

  • Is the attorney familiar with the statutes and cases related to your situation, in your jurisdiction?
  • What are the most important issues in your transaction or case?
  • How can you, as the client, help the attorney to represent you most effectively?
  • Will the attorney have to do any legal research to handle your case? If so, how much and about which legal issues?

Experience

  • Has the attorney worked on real estate cases before?
  • Has the attorney worked on the specific type of real estate matter for which you are seeking legal representation?

Availability

  • Does the attorney have adequate time to spend on your case?
  • Does the attorney communicate with you regularly and return your phone calls and e-mail messages promptly?

    • Level of comfort in dealing with them

    • Do you feel comfortable and confident in dealing with the attorney?
    • Does the attorney answer your questions in a way that you can understand the answers?

    Is the attorney willing to spend the necessary time with you to make sure you understand all of the following:

    • the issues of your transaction or case?
    • your legal rights?
    • what negative outcomes are possible?
    • the negotiation or litigation strategy he or she will pursue on your behalf? and
    • other points that you are concerned about?

    How can I find a criminal defense attorney?

    Attorneys Catalog provides a list of real estate attorneys licensed to practice law in several states: