How To Find The Best Real Estate Lawyer Near You
There are laws and regulations governing the purchase and sale of real estate. Buying a new property isn’t simply a purchase; it is also a legal transfer of the property from one owner to another. Laws can complicate the legal aspects of such transactions at times, so home and property buyers and sellers should hire a lawyer to ensure their best interests.
A real estate lawyer holds a license to practice in the area of law applicable to real estate transactions and issues. They have the expertise and knowledge to advise parties engaged in a real estate transaction to help them comply with the regulations and complete legal procedures. They also take care of the documentation and contracts associated with purchasing and selling the new property. They can also be in charge of closing in some cases.
Though hiring a real estate lawyer has several advantages, you should prepare to add to the costs you are already dealing with as you close a property transaction. However, having a professional well-versed in law gives peace of mind and saves you from any unexpected errors, penalties, and losses. In this guide, let us discuss all you should know about selecting the right real estate lawyer in the United States.
What is Real Estate Law?
The area of law governs the sale, purchase, and use of a property. It is a law governing how people buy or sell property and what they can do with it. It also covers any issues related to land, structures, or fixtures.
Real estate law is so-called because it applies to real property, land, and personal property, which refers to objects. Real estate law includes titles, deeds, taxes, financing, estate planning, and more.
Lawyers specializing in real estate law follow proper procedures when a property is acquired. They also look into how a property is zoned. This law varies by state and government.
Lawyers in a jurisdiction know the local and state laws applying to the region and regulations impacting a real estate transaction. These lawyers prepare and review mortgage, purchase, transfer, or title documentation to ensure their legal compliance.
During the purchase or sale, a real estate lawyer prepares documents, completes title searches, writes insurance policies, and handles fund transfers. In the case of a dispute associated with real estate, these lawyers provide legal representation for a buyer or seller. They review the matter on the two sides and try to bring a resolution.
Types of Real Estate Lawyers
Real estate law is a broad area covering a wide range of aspects. A real estate lawyer not only guides buyers and sellers through the legal process of a real estate transaction but also handles a variety of other cases.
These attorneys specialize in property-related matters, from buying and selling to mortgages and disputes. Here are the most common types of real estate lawyers.
- Construction
These lawyers have specialized knowledge about construction laws and legalities and can provide legal advice for building and construction projects.
- Eminent Domain
When the government acquires property under superior domain law, the lawyer specializing in this law can help defend the property and rights. These lawyers guide clients through the procedure of condemnation, explain their rights, and protect their interests, helping them get the desired compensation.
- Foreclosure & Alternatives
These attorneys are responsible for giving legal advice to those who are at risk of getting their house foreclosed on by a lender. They help the borrower pursue legal actions to prevent foreclosure and suggest and implement various alternatives depending on the situation.
- Housing & Construction Defects
This type of lawyer represents clients who think they are victims of incidents happening out of commercial, residential, or industrial property defects. They help legal proceedings claim compensation for injury or loss due to housing or construction defects.
- Land Use & Zoning
These lawyers are specialized in land use & zoning law and help clients with guidance in residential, commercial, and industrial development projects. They allow developers to ensure that their plans comply with land use and zoning ordinances and regulations imposed by local, state, and federal governments.
- Landlord & Tenant
This type of attorney helps landlords create a lease, understand the law to avoid violations, advise on ways to protect property and income, and provide helpful information about rules applying to repairs, eviction, and security deposits. They also represent landlords or tenants in court when an issue needs legal attention.
- Real Estate
A real estate lawyer specializes in laws applying to real estate transactions. Parties can hire real estate lawyers to represent their interests at closing. They review paperwork and advise on any problem with the documentation.
Cost of Real Estate Lawyer
When you realize that you need to hire a real estate lawyer for a transaction, one of the first things you consider is how much it costs. How much you spend on the lawyer depends on several factors, including the attorney’s level of experience.
More reputed and experienced lawyers often charge more for their services. Another significant factor affecting the cost is the geographic location of the property. You can expect to pay higher for closing in an urban metropolis than in a rural area.
The cost of hiring a real estate lawyer depends on their services and the party responsible for the closing price. For example, if your lender wants the attorney to be present at closing, the contract negotiations decide whether the buyer or seller bears the lawyer’s cost. If you want a lawyer apart from the one your lender asks for, you are responsible for paying for their services.
Real estate lawyer charges can vary greatly, but here is a rough idea of what you can expect to pay.
- Fixed-Rate
Some lawyers may charge a flat rate for particular services. For example, they may charge anywhere between $500 and $1200 to undertake a closing. This fee can vary depending on the selling price of the property.
- Hourly Rate
Real estate lawyers charge by the hour for handling transactions or giving advice.
You can expect to pay an average of $150 to $350 per hour. The rate can vary greatly depending on the location and the lawyer’s experience.
Whatever fee structure your lawyer prefers, make sure you negotiate the fees and that you know what you will be paying.
Get a written agreement mentioning the rates and services and the payment terms. Such an agreement helps avoid any misunderstandings and surprises later.
| Type | Hourly Fees | Flat Fees | Contingency |
|---|---|---|---|
| Construction | Junior Associate – $150 To $250 Per Hour Senior Associate & Partner – $250 To $600 Per Hour | Basic Contract Review – $150 To $300 What’s Your Opinion Reivew – $750 To $2,000 Contract Review + Negotiation – $3000 To $10,000 | 33% To 40% of Settlement Amount 15% To 20% of Settlement, or Cost Plus Expenses, Whichever Is Higher |
| Eminent Domain | No Upfront Cost | $150 To $300 For Initial Review Consultation + Filing Costs and Other Court-Related Expenses | One-Third of Settlement Amount minus Initial Amount Or One-Third of Settlement Amount minus Initial Amount plus Fees & Other Expenses |
| Foreclosure & Alternatives | Retainer Fees – $2,000 + $150 To $300 Per Hour | $1,500 To $4,000 Based On The Complexity of The Case & Reputation of The Attorney | Contingency Fee In Case of Dismissal Due To The Attorney’s Efforts |
| Construction Defects | Junior Associate – $150 To $400 Per Hour Senior Associate – $250 To $500 Per Hour Litigation Partner – $600 To $3,000 Per Hour | $150 To $200 For Initial Review $10,000 To $100,000 For The Full Case (Depending on the nature, complexity & effort involved) | 25% To 40% of Settlement Amount Upto $100,000 |
| Land Use & Zoning | $150 To $300 Per Hour Depending On Complexity & Requirements | $750 To $3,000 + Filing Fees, Court Charges & Other Relevant Expenses | Case Specific Contingencies, Agreed Upon Prior To Engagement |
| Landlord & Tenant | Sole Practitioner – $75 To $150 Per Hour Associate At Law Firm – $150 To $300 Per Hour Partner – $250 To $400 Per Hour | Document Review – $250 To $300 Lease Agreement Drafting – $500 To $750 Eviction & Negotiation – $1,500 To $7,000 | Case-Specific Contingencies, Agreed Upon Beforehand, Based On Certain Outcomes |
| Real Estate | Junior Associate – $150 To $300 Per Hour Senior Associate – $250 To $400 Per Hour Partner – $300 To $650 Per Hour | Property, Document Verfication – $750 To $3,000 Drafting of Agreement – $500 To $10,000 Litigation & Depositions – $1,000 To $100,000 | Case-Specific Contingencies, Agreed Upon Beforehand, Based On Certain Outcomes |
How To Choose A Real Estate Lawyer?
Once you decide to hire an attorney for your real estate transaction or dispute, your next step is to find a qualified lawyer.
Your real estate agent may recommend some lawyers, but you can always find options on your own. Buying a property is an expensive transaction, so you want to use a competent and experienced lawyer who can ensure the entire process goes smoothly.
Here are some tips you can follow to find the best real estate lawyer in the US.
- Contact early on
You often contact a lawyer after signing a contract and finding clauses you did not see beforehand. Your best bet is to consult a professional before facing problems to receive timely assistance.
If you have bought a property, for example, and came across some unpaid taxes, it is probably too late because you are the owner and responsible for the same. You might have to bear the costs of court action and the lawyer fees in such a case. Hiring a lawyer early on in the process ensures you don’t face any such issues.
- Select an honest lawyer
Most lawyers offer a free-of-cost initial consultation; use this chance to figure out whether they are honest. Pay attention to your conversation to determine how genuine and promising the lawyer sounds.
An honest lawyer is likely to discuss the risks and legal consequences of the case. If they are being too optimistic, it means they are not genuine. You can also ask them about your case’s chances of success or failure.
- Check online reviews
There are several online resources where you can check real-life reviews of lawyers from people who had hired them in the past for different matters.
Reviewing other people’s experiences with a specific lawyer would help you judge whether they are the right fit for you.
- Use the Bar Association
Every state has an association that licenses and lists lawyers; you can receive a list of real estate lawyers practicing in your area.
Selecting a lawyer from this list ensures that the representation you choose is licensed and reputed. Visit the website of the bar association to get some good options.
Things You Need To Know Before Talking To A Real Estate Lawyer
Your choice of a real estate lawyer affects the transaction to a great extent. It is important to pick somebody who understands your needs and responds well on time to ensure you can make it through the process smoothly with peace of mind. Here is what you should know before talking to your attorney.
- See that the lawyer knows the law.
You want to work with real estate lawyers licensed to practice in your state. However, it would help if you also went further to ensure the attorney knows your local laws; It is important because laws and regulations can vary between cities in a state.
A professional knowledgeable about local laws can better handle your transaction and tackle any issues arising. Connections with local agencies even help more when completing legal procedures.
- Check your compatibility with the lawyer.
It is a good idea to consult multiple real estate lawyers before deciding. However, you want not only an expert, knowledgeable professional but also somebody you can trust. You want a lawyer who is patient enough to listen to your questions and respond with answers.
They should also explain to you the complicated terms associated with your case. If you find the lawyer rude or impatient, you can look for more options.
- The lawyer should be reputed.
See that the attorney you work with has a good reputation in the community. While you can always rely on a real estate agent’s recommendations, it is essential to do your research and ask friends and family for some suggestions.
Enquire about their past experiences with specific attorneys and read online reviews to narrow down your options. You can even contact the state’s Bar Association for lists of reputed real estate attorneys practicing in your region.
- Experience matters
The real estate attorney you select to work with should have years of experience and handle hundreds or thousands of transactions. It means the lawyer has seen almost every type of case and can provide the right advice and assistance during your transaction.
- Lawyers can do what agents cannot.
Using the services of a lawyer is advisable in some cases where relying on the advice of a real estate agent is not sufficient.
These agents often lack legal training and cannot draft legal contracts like lawyers, so make sure to have a real estate lawyer to cover that.
How To Prepare For A Real Estate Lawyer Consultation?
The consultation is also an opportunity to learn more about each other, exchange information, and ask important questions before entering a lawyer-client relationship, So preparing for this consultation is highly recommended.
Before meeting your real estate attorney, here are a few things you should do.
Gather documents
The most important part of your meeting preparation is collecting all the documents related to your real estate transaction or dispute. It is essential to carry every document for the lawyer to review; you can bring everything, and they can decide what documents are relevant.
The set of documentation you should carry varies depending on your case. However, some public documents you are likely to be asked to include:
- Leases
- Purchase and sales agreements
- Deeds
- Licenses
- Abstracts
- Zoning documents
- Offers to buy
- Tax statements
- Inspection and survey reports
- Wills related to the property
- Construction contracts
- Broker agreements
- Title and insurance policies
- Mortgage contracts
- Photographs
- Correspondence with government agencies or relevant parties
Your lawyer might communicate the list of the same documents to bring to the consultation. Make sure you keep their digital copies ready for easy reference.
Be prepared to answer questions.
What will be discussed during the consultation again varies depending on the nature of your case. However, most lawyers want to know about you, the other party, and the property in question. The attorney may want to know what happened if a dispute is involved.
Make sure you tell the story accurately without missing any details. It is also imperative to be honest because lying about your case or hiding facts can ultimately invite unwanted legal consequences.
It is important to note that the lawyer asks you questions to understand the case; it does not mean they have taken your case. Once both decide to work together on the subject, sign a written agreement. The meeting is also an excellent chance to discuss the costs involved. Don’t hesitate to enquire about the attorney fees and other charges. Also, ask about the fee arrangement before hiring them if the price is crucial for you.
Ask questions
When meeting your real estate lawyer for the first time, you must participate actively in the conversation to make the most out of the time. Make sure you have a set of questions ready to interview the lawyer to determine whether they are a good fit for you. Some questions you can prepare to ask the attorney include:
- What is your experience with real estate law?
Your goal is to find an experienced lawyer who possesses the knowledge and expertise needed to handle problems in real estate transactions quickly.
It would be best if you inquired about the number of real estate transactions they have dealt with and how long the attorney has been practicing real estate law. These answers would help you decide on your real estate lawyer.
- Can you provide some references?
There is nothing wrong with asking the lawyer for references from their previous clients. If they are hesitant or unable to provide references, you should think again about using their services.
- What do you think about this transaction?
While most people are fortunate enough to complete a transaction without any issues, not all of them are so lucky.
Make sure you ask the lawyer about issues that could arise in the process and determine how they are likely to handle them.
- Who will be handling my case?
Asking who will be handling your case is an important question because the person you consult may or may not be the one working on your case, depending on their workload.
The person may pass your case to a junior associate; there is no use in contacting an experienced lawyer here.
If they inform you that another professional will handle the case, get their details so you can contact them if you have any concerns.
- Are you a title agent as well?
Some real estate lawyers work as title agents or employ one in their office. Attorneys and title agents work together during a property closure.
Depending on their communication, there is a chance of closing delays and documentation errors.
If your real estate lawyer provides title service, you can benefit from a one-stop solution that prevents delays.
FAQ's
Who a real estate lawyer represents?
A real estate lawyer can represent either a buyer or a seller when dealing with a property transaction.
What does a real estate lawyer do for a buyer?
If somebody buys a property for the first time, a real estate lawyer can take care of everything from checking the deed and title chain to attending the closing to ensure the process goes smoothly. They can also advise on problems related to property.
How much does it cost to hire a real estate lawyer?
Real estate lawyers’ fees vary based on several factors, including location, expertise, and case. However, there are two pricing models you can encounter.
Many lawyers charge an hourly rate ranging from $150 to $400 per hour, while others offer a flat rate for specific tasks. You can expect to pay anywhere between $500 to $2500 depending on what services you need.
How is a real estate lawyer different from an agent?
Real estate agents and lawyers have different functions. When you buy a property, a real estate agent helps you find the right choice while he lists a property you want to sell to get you the best price. On the other hand, a real estate lawyer oversees closing, conducts title checks, and does other things to ensure the transaction completes smoothly and complies with the legalities.
Summary
Real estate lawyers give you peace of mind when you make a property transaction by ensuring the process goes smoothly, minimizing the chances of any unexpected legal issues. While some states mandate a real estate attorney to be present at closing, it is always a good idea to hire one to help you understand your obligations, protect your legal rights, and represent your best interests.
Hiring a lawyer can seem like an additional expense when dealing with a real estate transaction, but having a professional by your side ensures your purchase or sale is legally compliant and hiccup-free. Selecting your attorney is a challenging task that takes several considerations, including your requirements and budget. Make sure you research and compare the available options to find the right fit for your needs and expectations.