Adoption 101: The Legal Fundamentals

Do You Need a Real Estate Lawyer? Here’s When to Hire One

5 October 2023

Brayden Miles

Buying or selling property is one of the biggest financial decisions that most people make in their lives, and it's not something you want to mess up. While some people may try to handle a real estate transaction on their own, many legal and financial considerations can quickly become overwhelming for even the most savvy individuals. This is where real estate lawyers come into play. Discover when you might need a real estate lawyer to help guide you through the process.

1. Complicated Transactions

If the property involved in your real estate transaction is particularly complex, you may want to consider hiring a real estate lawyer. Such complications may arise when the property has existing leasehold agreements, planning issues, or questions about zoning regulations. Enlisting the expertise of a real estate attorney is invaluable in successfully navigating the intricacies of the field. With their guidance, you can ensure that your transaction remains lawful, transparent, and hassle-free.

2. Zoning and Land Use Issues

Purchasing or leasing property for commercial developments or other non-residential purposes may require the expertise of a real estate lawyer. This is important when property zoning regulations need to be researched to ensure that proposed developments or business activities are permitted. A lawyer can also help prepare applications for land use permits by gathering necessary documents and giving advice on how to handle zoning regulations.

3. Problems with the Property Title

When purchasing real estate, it is important to have a clear understanding of the property title history. A title search performed by a skilled real estate lawyer can uncover potential issues related to the property's title, including outstanding debts and unpaid liens. This diligent examination ensures transparency and safeguards your interests during the transaction process. A lawyer can also review the title documents and make sure that there are no issues that will prevent the transfer of ownership or lead to legal headaches down the road.

4. Real Estate Litigation

Real estate litigation can arise from various situations, including disputes over ownership, boundary lines, use rights, and contract violations relating to real estate transactions. In these cases, hiring a real estate lawyer is essential to help resolve issues in the most effective way possible, whether through mediation, arbitration, or litigation.

5. Construction Defect Claims

If you're purchasing a property that was recently built, it is important to have a real estate attorney on hand to review the contract with the developer thoroughly. You will want to ensure that there is proper legal protection in place if any defects appear in the construction or if there are issues that arise with the contractor. An attorney can also provide guidance on how to handle claims related to construction defects.

Although not all real estate transactions will require the assistance of a real estate attorney, hiring one can bring many benefits and peace of mind. In general, it is recommended to work with a real estate lawyer who has familiarity with your state's real estate laws and regulations. With a real estate attorney on hand, you can focus on what matters most: making an informed decision in purchasing or selling property.

For more information, contact a real estate lawyer near you.

Share

Search