Many of us may not realize how a simple looking business of real estate may become complicated at times. As a matter of fact, in some particular situations, it really becomes as complicated as one may find hard to believe. Employing or hiring a real estate attorney thus becomes the need of the day whenever, we plan buying or selling a property. Now, The answer to the question, who is a real estate attorney, is that he is supposed to be a person with: Complete knowledge of the industry, Complete understanding of the related law(s), Has a pre-defined approach to real estate laws, rules and regulations. Is a proven expert in his field.It is also the fact that a real estate agent and a real estate attorney may never be a specialist in the industry, though both may be good sources to be considered for good profits.When one would require the services of a Real Estate Attorney? There are no hard and fast rules that one must hire an attorney in every situation, but there are certain transaction situations, where the same may play a vital role. While purchasing a property in some townhouse or condominiums i.e. common interest development for instance, to ensure that the buyers’ interests are not being surrendered to the common interest entirely; seeking an attorney’s advice is highly advisable. If one does not have a good understanding in any of the following: Complicated paperwork, CC&R i.e. Conditions, Covenants & Restrictions documentation, Appropriate law(s) or rule(s) involved in a certain situation, Lengthy procedure(s) involved, etc
Then an attorney’s assistance is unavoidable, since he is supposed to have complete knowledge of all the things noted above. He is also expected to know whether, how to read the CC&R and also what to look for. The Role and Responsibilities of a Real Estate Attorney: After going through the papers, client has provided to him, the attorney will prepare the other necessary document(s) too. Following a detailed consultation once a contract is signed between the client and attorney, its attorney’s responsibility to supervise the closing of a transaction. Determining the clients’ (the seller) title condition of the property under the transaction is one of the attorney’s prime most responsibilities.An attorney must thoroughly review the clients’ purchase contract and the same is done before the contract is signed. Dealing and working with the clients’ mortgage loan officer(s), is also the attorney’s responsibility. He will also fix meetings with the sellers’ attorney as well as their agents; this is done in order to ensure on what dates the following will be done: Attorney approval. Mortgage commitment. Home/property inspection. Contingencies, if any.What an attorney does next? If the attorney is a specialist in residential real estate, he will guide, especially the first-time home or property buyers, whether why it is important to study the entire deed, legal descriptions, bills, loan and mortgage documents, plat of survey, title insurance policy as well as title etc. Ideally, an attorney should also be capable of changing legal languages in the ongoing purchase contract, and also negotiate the unpaid expenses the seller owes you. Such expenses may include condominium assessments, property taxes or utilities etc. Catching problems or mistakes, if any, is not difficult for an experienced professional thus it will save the client future expenses needed for corrections thereof.