Buying a home is often the single biggest purchase one will ever have in a lifetime. It involves many mobile parts—mortgages, inspections, negotiations, and a whole lot of paperwork. While most consumers like to rely heavily on their real estate agents, there is another professional who works to keep the buyer’s best interests in mind: a real estate attorney.
A real estate attorney is an experienced attorney in property law. Their role goes far beyond reviewing documents—being legal advisors, contract readers, problem solvers, and ultimately, protectors of the buyer’s rights. In most states, it is mandatory to retain a real estate attorney to close on property. But even where it is not mandatory, it is an astute decision to retain one. Here’s a closer examination of what a real estate lawyer does for a buyer throughout the home-buying process.
1. Reviewing and Drafting Contracts
Perhaps the most important task a real estate attorney performs is going through the purchase contract. This is to declare the terms and conditions of sale, and it should be equitable and legally sound. The attorney ensures that the agreement is in the best interest of the buyer, and where certain clauses are not explicit or biased, they’ll bargain for them to be revised.
Additionally, attorneys can draft new contracts or add special conditions, such as home inspection, financing, and repair contingencies. Buyers could unknowingly sign contracts that put them at risk for penalties or hidden liabilities without legal protection.
2. Conducting Title Searches and Clearing Liens
Another very important obligation of a property attorney is conducting a detailed title search. The title on a property is what indicates the legal records of ownership. A title search ensures that there are no issues legally that would intrude on the right of the buyer to own the property, such as liens still pending, unpaid taxes, border conflicts on the property, or even fraud.
If there are issues, the lawyer resolves them before closing. An example of this would be if there is a lien for contractor labor on the property, the lawyer can negotiate with the seller to pay off the lien before the sale. The procedure secures the buyer’s clear title and keeps him from having someone else’s bad financial news.
3. Examining Legal Filings and Documents
Real estate deals involve a stack of documents—loan documents, disclosures, title documents, etc. A real estate attorney ensures all the forms are duly filled out, submitted, and in compliance with state and local codes. Mistakes in these forms can result in setbacks or, more importantly, later legal problems.
They also make sure that closing papers are prepared, the transfer of title and money is completed properly, and the buyer is aware of what every paper they’re signing is for. This supervision provides confidence that the transaction is binding and legal.
4. Dealing with Complicated or Strange Transactions
Not every real estate transaction is cut and dried. If the property is an estate sale, a foreclosure, or it has tenants, zoning issues, or joint ownership, things will become complicated. A real estate attorney is trained to do just that.
For instance, if the buyer is purchasing a property with joint driveways or private streets, the attorney will investigate easement rights and ensure that the buyer will not face future access issues. If the purchase is for commercial real estate or land that has development restrictions, the attorney will counsel the buyer on legal restrictions and permissible uses of the property.
5. Acting on Behalf of the Buyer at Closing
The closing is the final stage of the home buying process, and that’s where all the parties come together and sign on and transfer the title. A real estate attorney will usually bring the buyer along with or instead of them to ensure everything is done properly.
They make sure the final documents embody the terms as agreed, confirm the money exchange, and ensure that the deed gets recorded correctly with the local authorities. In case of a last-minute setback—perhaps an improper fee or an unsigned agreement—the attorney is available to resolve it quickly.
6. Providing Ongoing Legal Counsel
There are always questions and second thoughts during the purchasing process. What if the seller defaults? What if the home inspection reveals something serious? What if the mortgage lender imposes final conditions at the last minute?
A real estate attorney serves as a sounding board for legal questions, defining rights and options clearly. They can also inform the buyer of what to do in the event of disagreements, delays, or unexpected findings.
Final Thoughts
While a real estate lawyer is not required everywhere, having one on your side is an undeniable benefit to any purchaser. They provide an added element of legal safeguards, ensure that the deal is honest and hassle-free, and steer clear of future headaches. For most purchasers, the cost of having an attorney is insignificant compared to the risks of navigating the complex universe of real estate without one.