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What is Real Estate Law

Real estate law governs who may own and use land. Though a simple concept, the practice area represents a wide array of legal issues. There is residential and commercial real estate. It can be owned by one or more persons and used by another through rental arrangements. Land may also pass between family members through estate planning. Land can be bought and sold. Local laws require real estate transactions be properly performed and recorded.

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Do I Need a Real Estate Lawyer

There are many different circumstances in which hiring a real estate attorney is advisable. A handful of states require the presence of a real estate attorney during closings. In states where a lawyer is not required, there are circumstances in which it is in your best interest to hire someone for legal representation.

Whether buying or selling a property, a lawyer can ensure your legal rights are protected. Commercial real estate transactions and overly complex situations require real estate lawyers to guarantee a party’s best interests are upheld.

Determining whether you need to hire a real estate lawyer depends on a few factors. If not required by state law, deciding whether to hire a lawyer depends on the complexity of your situation. If you are entering a simple month-by-month lease or are purchasing an uncomplicated residential property, you likely do not need the assistance of a real estate lawyer.

When deciding whether to hire a real estate lawyer, do your own research. Do not leave the decision up to a real estate agent, who will have their own best interests at heart. Real estate agents work from commission, and although he or she may be honest, they likely do not want other parties involved in the purchasing process.

Hiring a real estate attorney is recommended whenever you are involved in a real estate transaction. It is particularly advisable for:

  • commercial real estate transaction
  • litigation or disputes that arise from a real estate transaction
  • complex real estate arrangements

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