Real Estate Lawyer Guide: What Does a Real Estate Attorney Do?

Real estate lawyers specialize in the practice of law related to the exchange of real property, meaning land and the structures built on it. A real estate lawyer typically represents a seller or buyer during the closing of a house. These specialists also act as liaisons between buyers, sellers, realtors, and real estate agents. Real estate lawyers will review all paperwork and legal documents related to a real property sale to screen for any omissions or legal issues. Most states require a real estate lawyer when closing on a property.

If you’re considering working with a real estate lawyer on your next real property transaction, here is an overview of some of their responsibilities.

• Reviewing legal paperwork: A real estate lawyer will screen all of the paperwork related to the exchange of a property to make sure that details are accurate and that their client’s best interests are represented. This includes documents such as home purchase agreements, title insurance policies, mortgage documents, property tax documents, and transfer documents.
• Arranging title searches: The real estate lawyer may work with a title company to perform a title search on the property prior to closing to ensure that there are no existing liens of claims to the property. This ensures that the home buyer will be the sole holder of the title.
• Representing buyers and sellers during closing: A real estate lawyer will typically accompany buyers to the closing of their home, when the funds and title are transferred, to ensure that the proceedings are legal and binding. The lawyer's flat fee or hourly rate should be included in the buyer's closing costs.
• Transferring funds: A real estate lawyer may transfer the funds from the buyer’s account to an escrow account that the buyer will be paid from when the home closes. If a mortgage lender is financing the home purchase, the lawyer will also handle all the mortgage loan and borrowing agreement paperwork.
• Managing disputes: A real estate lawyer will represent their client during any real estate disputes such as chain of title disputes, zoning law issues, or foreclosures. The lawyer will also represent their client if the dispute ends up in a courtroom.

A real estate attorney must hold the same qualifications as any lawyer. They must hold a law degree and they must have passed the American Bar Association exam in whichever state they choose to practice law. A real estate lawyer can choose electives during their law degree that specialize in real estate law. They can also be certified as a real estate lawyer once they have started practicing.

Many states legally require you to have a real estate lawyer to be present during the closing of a real estate transaction. Those states include Connecticut, Delaware, Georgia, Massachusetts, North Carolina, Rhode Island, South Carolina, and West Virginia. Some other states require a real estate lawyer to clear the title of a property. These states include Alabama, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota, and Wyoming.

Other states do not require the presence of a real estate lawyer, however, receiving a lawyer's legal advice during the home buying process can prove to be invaluable. Homeowners should consult with a real estate attorney during any real estate transaction to offer peace of mind, to ensure the process is entirely legal and binding, and to protect them during disputes.

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