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By Barbra I. Miller
We live in a nation of laws, where rule of law applies to one and all. Thus, it’s inevitable that any discussion of property markets must also at some point turn to a consideration of the lawyers involved. Without a doubt, real estate attorneys are absolutely necessary for practically everything you could ever want to do anything in this business.
These lawyers serve as the linchpins for many a real estate deal, even in states where a real estate attorney is not demanded by the law, often in cases where an owner sells his or her own property. Engaging one of these highly specialized attorneys can accomplish many goals, chief among which is that of ensuring your best interests being heard in any commercial transaction. For instance, a real estate attorney can serve as an escrow agent by holding onto the down payment. Such an attorney may also help you think about and understand more complex deals.
A real estate lawyer typically bears two major responsibilities: reading legal documents and advising you on those documents as well as representing you at the closing. So when you shop around, make sure to get detailed pricing on those two specific duties. Generally speaking, the more important point to paying for a real estate lawyer is for the assistance at closing, and even if you’ve already sold your own home by yourself successfully once before, you might do well with some legal representation this time around. You should also ask if you can get a discount by filling out your own forms! Many lawyers offer such options as they loath paperwork as much as anyone (that’s a big part of the reason why they hire paralegals!) and will often be glad to avoid even more paperwork.
Your number one priority is going to be just finding a good lawyer that will faithfully represent you with competence, if not expertise or even prowess. There is nothing better than word-of-mouth recommendations when it comes to doctors, mechanics, and lawyers, so you can trust that nothing beats Martindale & Hubbell’s directory of lawyers, peer-rated with helpful informed profiles. You should certainly select specialists in real estate law instead of a general practice lawyer who claims to have done real estate deals in his or her career. In a worst-case scenario, look for someone with a significant amount of their time spent handling real real estate transactions if you must for some reason settle for one who only happens to know some real estate law.
Martindale-Hubbell ratings are an excellent way to find qualified real estate lawyers with experience and a proven track record. While no system is closed to “gaming” or manipulation, Martindale-Hubbell’s peer-rated profiles are widely used and even highly regarded by the profession itself. Of course, there are also personal referrals from friends and family you trust; word-of-mouth is so powerful because it tends to be quite truthful.
One thing to bear in mind is that you almost certainly will need an attorney specializing in real estate transactions. While it is certainly possible to represent yourself, it makes much more sense — and “cents” — to trust professional handling when it comes to the complexities of business and real estate law.
About the Author: Barbra I. Miller writes frequently on real estate topics for various online publications. Please visit
RealEstateCribs.com
for more great articles from industry insiders such as
Isaac Toussie
and others!
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