Transaction Responsibilities of Lawyers for Real Estate
Real estate lawyers have several responsibilities and key roles in the transaction. They document and review all transactions, help resolve title insurance and file and defend lawsuits. Other responsibilities include:
• Drafting documents: They prepare the purchase deeds, lease, rental and financial agreements.
• Negotiating: A real estate lawyer can negotiate the terms and conditions of the transaction.
• Transaction review: If the client negotiates on their own, the lawyer can review any documents and make sure that nothing out of the ordinary is included.
• Foreclosure: The lawyer can help the lender or the borrower, by filing lawsuits or negotiating settlements during the foreclosure process.
REAL ESTATE LEGAL ADVICE
It’s important that you seek the advice of a real estate attorney in any real estate scenario. If you are purchasing or selling a home, are involved in a law dispute or thinking about a real estate transaction, you need to be aware of your rights. A real estate lawyer can explain all of these issues, as real estate law includes a comprehensive range of topics regarding property law.
Some of these problems include foreclosures, different kinds of mortgages, real estate warranties, insurance, landlord/tenant disputes, property taxes and any and all matters that come with buying and selling real estate.
Role of the Residential Real Estate Attorney
The role of a real estate attorney will change, depending on whether the client is purchasing or selling a home. Some examples of the different types of responsibilities are the following:
Buying property
If the client is interested in buying property, the property lawyer should:
• Assist the client in understanding the purchase contract.
• Certify that the property is free of liens, easements or covenants.
• Prepare all required legal documentation and subsequently, file the documentation
• Evaluate and adjust any taxes or utility costs before closing
• Accompany the client to the closing and review all papers that require the buyer’s signature
• Protect the consumer from any possible problems by setting up the title insurance.
Selling property
The lawyer’s responsibilities for when a client wants to sell a property include:
• Negotiate the terms of the transaction, reviewing and preparing the agreement.
• Make the required deed and a power of attorney, if necessary.
• Accompany the client to the closing and review all papers that require the buyer’s signature
• Organize the transfer of the security deposit
Reasons for Hiring Real Estate Law Firms
A lot of the reasons to hire a real estate attorney have been outlined above, but there are other reasons to take into consideration.
If you are interested in a condominium, cooperative or homeowners association, these forms of ownership are considered securities under New York State law. Therefore, their transactions require special documents which need to be revised by an attorney. A real estate attorney will also be able to explain the tax deductions associated with these types of properties.
Zoning ordinances vary from location to location, and a lawyer can help you determine whether your property or any modifications you wish to do are in conflict with these laws.