Residential Real Estate Lawyer — You may not Need One?

Some states require lawyers to participate in residential real estate transactions, especially at closing or settlement. Notice how i said, “some states require… ’” not merely that you need a real est lawyer. The majority of states are known affectionately (by real estate lawyers) as, “non-attorney” states. In those states, doing real estate closings is not considered Real Estate Lawyer Ottawa the practice of law, so you are not required to have a real estate lawyer. All of those other country exists in either, “attorney” states or states that have mandated the involvement of real estate lawyers either for your closing or for some parts of the closing. (The parts where you will need a real estate lawyer are usually defined by the clear as will get description, “those instances requiring the use of legal acumen and unique legal knowledge. ”) Since choosing the right real estate lawyer can save you a lot of aggravation, you want someone who is:

Licensed and in good standing. Many states have web sites where you can look to see that the real est lawyer you are looking for is both licensed and in good standing.

Experienced. Word of mouth can be the best recommendation. If a relative or friend has been well served and delighted by a real est lawyer, you will be also.

Real estate Savvy. This is a specialized area. Just as every midwife might manage to handling a simple birth, every lawyer might manage to handling the so-called simple closing, (in California and other “non-attorney” states, people generally do not make use of lawyers for residential transactions. ) It would be nice, if at the beginning, you could know if yours will be one of those simple transactions. However, since most of us cannot see into the future, if you hire a lawyer, you’ll want one trained in real estate law and its peculiarities.

In your area. It is important that the real estate lawyer you hire be familiar with local rules and ordinances as they can have an enormous affect how efficiently your deal flows.

That you can work with. There is no point in hiring someone you either don’t especially like or do not trust. What good does it do you if you cannot rely on the information she gives you or, just as bad, you cannot stand talking to see your face? A real est transaction is not brain surgery; there are plenty of good real estate lawyers who also have pleasant individuality. You do not want to hire someone it does not play well with others. Your lawyer will be dealing not only with you, but with your buyer. You want someone that will help get the job done while protecting you.

How can you Tell If your State Is an “Attorney” State?

The easiest way is to log onto a website, such as [] which has a list. Also, you can call your local bar association, your local title insurance organisation, your local mortgage lender, or your local escrow agent. Using the word “local” is no accident. All real estate is local and all real estate laws are local in the sense of being dictated by the state law of the state where the property is situated.
If your house is found in an “attorney” state, adding a real est lawyer to your team is both necessary and prudent. You’re going to have to have one anyway, to as well get him or her on the team early.

Do i Require a Real estate Lawyer In a “Non-Attorney” State?

If the house you want to sell is in one of the majority “non-lawyer” states, you might need a real est lawyer at some point if things get complicated, but there is no rush. In “non-attorney” states, closings usually take place through escrow. Although the escrow agent does not represent you, they normally are very knowledgeable and they are obligated to follow the directions you outlined when the escrow was set up.

If you do hire a real est lawyer, she will probably be your second best player. From advising you on such matters as the contract, disclosures, title, evaluation issues, to holding the serious money and handling the closing.

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