You’re feeling a little cramped in your home and you’ve found an amazing Colonial across town that has a backyard to die for and plenty of rooms for the kids.
Time to call a real estate agent. But should you also call a real estate lawyer?
More often than not, the answer is no.
But first, allow me to offer an explanation of some of the tasks a lawyer might undertake when assisting in matters of real estate.
Real estate lawyers help clients with legal issues related to residential and commercial real estate, tenants and neighbors, commercial leasing, and private property ownership.
Lawyers assist with transfer of real estate property, including purchase and sale. They help clients to deal with the legal aspect of rental property and defend the rights of owners, landlords, renters, and tenants. Real estate lawyers specialize in land use, zoning, property development, and foreclosure.
Most commonly, lawyers working a real estate-related project will be tasked with drawing up or reviewing the legal documents you’ll sign to assume ownership or to lease property.
So, let’s readdress the question from the beginning of this article: as you prepare to make your big move into your dream home, do you need to call me or another lawyer to help you navigate the transaction?
The easy answer is to consult with your real estate agent. He or she will be well verse in local laws and regulations to determine whether hiring an attorney is necessary by law. If it is, your agent will be able to recommend a trusted lawyer. Even if it not necessary by law to hire a lawyer, you may consider obtaining legal advice if you can answer “yes” to more than one or two of the following questions:
For Buyers:
- Are you an out of town buyer?
- Are you buying a property that is a short sale or bank owned?
- Are you buying a property that is part of an estate sale?
- Are you buying a commercial property?
- Are you buying a property that could potentially have some structural issues?
- Are you buying a property in a problematic area such as a flood zone or areas with adverse conditions (tornado prone, radon, toxicity levels, etc.)?
For Sellers:
- Are you selling a property that is in some state of distress?
- Are you the heir or executor of a property whose owner is now deceased?
- Are you selling a house with a non-cooperative partner?
- Do you have that gut feeling that something could possibly go wrong based on knowledge you have about the property?
- Do you have judgments or liens in your background?
These are the types of issues that can cause headaches during a real estate transaction – and a consultation with Bosserman Law can likely help you avoid or ease those headaches.
Contact us today to schedule a conversation about your real estate matters.