Real estate lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What real estate lawyer is

A real estate lawyer provides information about property transactions and may review contracts, title issues, closings and disputes. Buyers, sellers, landlords and owners look for one when a transaction is complex or a problem arises. General information, not legal advice.

Signs you need it

  • You are buying or selling and want the contract reviewed
  • The title search shows a lien, easement or ownership question
  • A boundary or access dispute has come up with a neighbor
  • A deal is falling apart and each side blames the other
  • You are buying property through a company or with partners
  • You received a notice that affects your property, such as a lien or claim

What the pro does

  • Read the purchase contract, title documents and related disclosures
  • Explain the terms, deadlines and contingencies in plain words
  • Order or review the title work and address any issues found
  • Prepare or review closing documents and attend the closing where needed
  • Communicate with the other side, lender or title company
  • Represent you in a dispute over a property, contract or boundary

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • The type of matter: a closing, a review or a dispute
  • The complexity of the property and its title
  • Whether the property is residential, commercial or land
  • Number of parties and documents
  • Whether a loan or a company is involved
  • Whether a dispute leads to litigation
  • Whether the lawyer attends the closing

What a written quote should spell out

  • The tasks covered, such as contract review, title review and closing
  • Whether the fee is flat for the transaction or hourly
  • Title and recording costs billed separately
  • Who attends the closing
  • What happens if the deal changes or falls through

Questions to ask before you hire

  • Do you handle closings or only reviews and disputes?
  • What deadlines in my contract matter most?
  • Can you explain the title report and any issues in it?
  • Will you coordinate with the title company and lender?
  • How do you handle a dispute over a boundary or easement?
  • Are some tasks better handled by my agent and others by you?

Red flags

  • A lawyer who promises to fix a title problem quickly without seeing the documents
  • Pressure to sign before you understand the contract
  • No written fee agreement
  • A lawyer who acts for both sides in a conflicted transaction without telling you

What you can do yourself

You can read your contract, list the deadlines, ask for the seller's disclosures, and keep copies of every document. Ask questions of your real estate agent and title company about their roles. Hire a licensed attorney for title problems, unusual contract terms, disputes and company or trust ownership.

Licenses and permits

Real estate lawyers must be licensed attorneys in good standing. Check the license with the state bar. Real estate agents and title agents are licensed separately.

Real estate lawyer questions

Do I need a real estate lawyer to buy a home?

Practices differ by state. Ask your agent or the title company whether lawyers usually take part, and consider one for complex deals.

Is a real estate lawyer the same as an agent?

No. An agent helps find or sell property. A lawyer provides legal information and services.

Can a lawyer fix title problems?

A lawyer can explain the issue and options, but results depend on the facts and other parties.

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