What Does a Real Estate Lawyer Do?
When buying, selling, or leasing property, there’s more at stake than just the financial investment. Real estate transactions involve complex legal processes that can be difficult to navigate without expert guidance. That’s where a real estate lawyer comes in.
At H&S Law Group, we believe every property transaction should be protected, precise, and legally sound. In this article, we’ll explain exactly what a real estate lawyer does, when you need one, and how we help clients safeguard their investments.
Key Responsibilities Before the Closing
A real estate lawyer is a licensed attorney who specializes in real estate law, which governs the purchase, sale, leasing, and use of land and property. Their primary role is to ensure that all legal aspects of a real estate transaction are properly handled, minimizing risks and avoiding costly mistakes.
A real estate lawyer handles several key tasks for you before you even get the keys to your new property.
1. Reviewing and Drafting Legal Documents
One of the most common tasks a real estate lawyer handles is reviewing and preparing legal documents, including:
- Purchase and sale agreements
- Title documents
- Mortgage contracts
- Lease agreements
- Deeds and closing papers
This helps ensure that all documents are legally binding and free of errors or unfavorable terms.
2. Conducting Title Searches
Before closing a real estate deal, your lawyer will typically perform a title search to ensure there are no liens, disputes, or legal issues tied to the property. This step protects buyers from inheriting hidden legal problems.
3. Negotiating Terms
A real estate lawyer can negotiate on your behalf to secure better contract terms or address concerns. This is especially valuable in commercial real estate transactions or complex residential deals.
4. Handling Real Estate Disputes
Real estate lawyers also represent clients in property disputes, such as:
- Boundary disagreements
- Breach of contract
- Landlord-tenant issues
- Construction or zoning disputes
If negotiations fail, your attorney can take the matter to court and fight for your rights.
The Lawyer’s Role During the Closing
The closing, or settlement, is the final stage where ownership of the property is officially transferred. Your attorney’s presence here is a source of calm and clarity.
During the closing, a residential real estate closing attorney ensures that:
- All paperwork is correctly signed and filed
- Funds are properly distributed.
- Ownership is legally transferred
- Any last-minute issues are resolved
Having legal representation at closing protects your interests and helps avoid delays. At H&S Law Group, we also offer commercial closing real estate attorneys to help you close on your commercial properties.
When to Hire a Real Estate Lawyer
While requirements vary by location, here are common situations where hiring a real estate lawyer is highly recommended, or even required:
- Buying or selling a home or commercial property
- Leasing commercial space
- Buying a property with a lien or an unclear title
- Navigating zoning or land-use laws
- Settling property disputes or evictions
- Handling foreclosure proceedings
For a home buyer, a lawyer is an essential guide. They are purchasing an asset and taking on significant debt, and the lawyer’s job is to minimize risk. From the start, they protect your earnest money deposit and make sure the contract provides you with adequate time for inspections and mortgage approval. They are your personal advisor through a process that can often feel overwhelming.
For those in New Jersey, you may wonder if a real estate lawyer is required.
For a home seller, a lawyer helps facilitate a smooth and legally compliant sale. They can draft an enforceable sales contract that protects your interests. When the buyer’s inspection report comes in, your attorney will help you assess the requested repairs and formulate a reasonable response. They also handle any title problems that may appear from your own ownership history and prepare the deed to transfer the property.
A seller’s attorney will:
- Draft a strong sales agreement
- Negotiate inspection-related issues
- Help clear problems with the title
- Prepare the official deed transfer
Certain situations make hiring a lawyer even more advisable. These include transactions involving commercial properties, properties being sold as part of an estate, or if you are buying a foreclosure. Other complex cases include purchasing property out of state or dealing with a home that has known structural issues.
If you’re unsure whether you need a lawyer, consult with a professional before signing anything. A small legal review upfront can save you significant money and stress later on. Contact H&S Law Group (973) 200-1433 to consult with an expert attorney.
Real Estate Lawyers vs. Real Estate Agents
People often wonder about the difference between a real estate lawyer and a real estate agent. The two professionals have distinct but complementary roles. They are both on your team, working toward a successful closing.
A real estate agent is a licensed professional focused on the market aspects of the transaction. They help you find a home or market your property, schedule showings, and use their knowledge of local property values to help negotiate a fair price. Their expertise lies in the search and the sale itself.
A real estate lawyer, on the other hand, is your legal expert. They are trained to handle the contractual and legal aspects of the transfer of property. An attorney can provide legal advice, interpret contract language, and identify potential legal liabilities. A real estate agent cannot legally perform these functions.
Ideally, your agent and your lawyer will work together closely. Your agent finds the deal, and your lawyer makes sure the deal is legally sound. This collaboration provides a comprehensive support system that covers both the market realities and the legal technicalities of your transaction.
What Does a Real Estate Lawyer Do?
A real estate lawyer is your legal shield and guide throughout a property transaction. They are a contract specialist, a title expert, a skilled negotiator, and a closing facilitator all in one. Their primary function is to protect your legal rights and financial investment from beginning to end.
Hiring an attorney provides security and clarity in what is likely the most significant purchase or sale of your life. Their involvement allows you to proceed with the confidence that your interests are properly and professionally represented.
Don’t leave your property deal to chance. Trust the professionals at H&S Law Group to guide you through every legal detail. Visit us to review your case at 1719 NJ-10, Suite 224, Parsippany-Troy Hills, NJ 07054.