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Real Estate Attorney: What They Do And If You Need One

  • Writer: leadindia831
    leadindia831
  • Oct 27, 2023
  • 3 min read

Different real estate lawyers provide different services. Others concentrate on the development, sale, and purchase of residential dwellings, while still others have more extensive knowledge encompassing all forms of real estate. Some work on transactions involving commercial properties, such as office space.


The realty lawyer can perform the following tasks throughout a transaction.

  • Real estate negotiations: The real estate lawyer carries out due diligence by making sure the agreement contains clauses that safeguard your interests. They offer guidance so the transaction complies with both state and federal rules.

  • Real estate contracts are drafted and reviewed: The lawyer ensures that the contract, whether it be for a purchase, mortgage, or rental agreement, is legally sound and has all necessary clauses.

  • Conducting title searches: Title searches are also carried out by real estate solicitors. In many cases, a title search is required to confirm that:

  1. The property may be legally transferred from the seller to the buyer.

  2. The property is not subject to any liens.

  3. There are no lingering problems that would prevent the buyer from taking ownership of the property.

  4. There are no zoning regulations or covenants that restrict how the land may be used.

  5. Taxes on the property have all been paid.

  • Draft policies for title insurance: Any third-party claims on a property that surface after the real estate transaction has closed and were not discovered during the first title search are covered by a title insurance policy. A real estate lawyer can analyze the policy for exclusions and exceptions that aren't covered in addition to writing title insurance coverage.

  • Get the closing papers ready: The real estate lawyer can handle the loan closing procedure and ensure that all necessary paperwork, such as the deed and closing statement, is filed correctly.

  • Take care of real estate litigation and disputes: The lawyer may defend you in a real estate issue, either by negotiating a settlement or, if litigation ensues, by standing in your place during the trial.

  • Participate in foreclosure actions as a representative: In judicial foreclosures, which occur when the lender files a lawsuit in court to seize ownership of a property whose owner has not been making loan payments, real estate attorneys are also required.

  • Deal with Land Use and Zoning Issues: Land use is governed by specific laws made by local governments. Single-family homes, apartment complexes, commercial use only, and mixed-use neighborhoods are all classified differently. A real estate lawyer can defend other property owners in a battle against rezoning or assist a property owner or prospective buyer in filing a petition to change the use of the land.

  • Quiet Title Actions Document: A quiet title action must be filed if a problem is found during the title search that the real estate lawyer cannot resolve simply by amending the title in the public records. This lawsuit gives notice to all parties who could have a claim to the property and names them all.

  • Deal with arguments and negotiations: You'll need a real estate lawyer's assistance to protect your rights whether there is a disagreement over a fence, a building encroachment, or you are negotiating the use of a piece of the land.

  • Create and evaluate the covenants: A real estate lawyer can assist homeowner associations in drafting covenants dictating what property owners are allowed to do. Before you make a purchase, they can also examine the covenants to find restrictions that will prevent you from improving the land or property.

  • Leases and Subleases are drafted and reviewed: For both residential and commercial properties, real estate attorneys assist with the drafting of leases and subleases. Additionally, they can check them for any potentially harmful terms on your behalf.

  • Loans and Contracts for Construction: A real estate lawyer can assist with the closing of the construction loan as well as the negotiation and drafting of the construction contract. These loans typically cover topics like prices, deadlines, liabilities, and more, making them more complicated than a residential house purchase.

If you need a real estate attorney, you can contact Lead India. Lead India provides several legal services, including online resources and free legal advice.The best course of action is to talk to a lawyer and ask a legal question.


Call Us: +91–8800788535


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