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13 Jan

Ohio Real Estate Attorneys

What Do Real Estate Attorneys Do?

Buying a home is probably the biggest investment you’ll ever make. In addition to hiring a real estate agent to help negotiate the transaction, you might need to consider a real estate attorney to help guide you through the legal process. Real estate attorneys specialize in matters related to property, from transactions to handling disputes between parties. 

Overview

Many states require a real estate attorney to be present at closing. Even if your state does not require one, you might want a real estate attorney to be there for you to represent your interests during a closing. They will review all paperwork in advance on any problems or omissions with the documentation. 

Most real estate lawyers charge an hourly fee for service, although some charge a flat rate. The lawyer will communicate this up front.

  • A real estate attorney prepares or reviews all of the documents that are 
  • signed at the closing of a real estate purchase. 
  • The attorney is then present at the closing to represent the buyers (or the seller’s) interests.
  • Real estate law is a matter for state and local jurisdictions.

Lawyers who specialize in real estate ensure that proper procedures are followed during the acquisition or sale of the property. They also may be concerned with how the property is zoned for usage. Real estate law covers property taxes, estate planning, zoning titles etc. 

Real Estate law varies by state and local government. Attorneys must be licensed to practice in the state where the transaction is taking place, and must stay abreast of any state or local developments that could impact a transaction. 

Attorney Responsibilities

A real Estate attorney is equipped to prepare and review documents relating to purchase agreements, mortgage documents, title documents, and transfer documents.

A real estate attorney is hired to handle a transaction and always attend the closing with the buyer. Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interest of their client. 

During the purchase of a property, the real estate attorney and staff prepare documents, write title insurance policies, complete title searches on the property, and handle the transfer of funds for the purchase. If the purchase is being financed, the attorney is responsible for paperwork such as the federal HUD-1 Form and other related documentation. 

In the case of a real estate dispute, such as a chain of title, lot line problems, or other issues, the attorney will resolve the problem.

A real estate attorney may also provide legal representation for either the buyer or the seller when a dispute winds up in a courtroom. The real estate attorney obtains facts from both sides of the dispute and tries to bring them to a resolution. This may mean hiring a surveyor or title company to work through the details. 

Qualifications

Like any lawyer, a real estate lawyer has earned a law degree, which typically takes three years of study for a full time student. They have also passed the state bar exam administered by the state in which they practice. Training for real estate law may begin with elective courses and internships during law school, and may continue afterward with a certification in real estate. 

When You Need a Real Estate Attorney

As Noted some states require a real estate attorney to supervise a real estate transaction and be present at closing. These “attorney closing states’” are Connecticut, Delaware, Georgia, Massachusetts, North Carolina, Rhode Island, South Carolina, and West Virginia. Other states are considered “attorney title opinion states”, meaning an attorney is required to certify a title. These states are Alabama, Louisiana, Mississippi, North Dakota, Oklahoma, South Dakota and Wyoming. Four States Illinois, New Jersey, New York and Ohio do not require real estate lawyers, however they’re typically involved in transactions according to local customs and practice. 

Hire a Pro Rated Attorney

Finding the right Real Estate Attorney that fits your needs doesn’t have to be hard. Tompkins Selph & Associates will work closely with you to take care of all your legal situations. Remember Big Guys Get Big Results. Call Us Today for a FREE Case Consultation. (614)-453-0971.

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