Real estate attorneys are the ones who get paid on that line of the closing papers where the words 'attorney fees' appear when a piece of real property is being transferred from one person to another. They are the ones who make sure the property laws that govern transactions in the state where the property is situated are followed, along with the federal laws that may apply. Those who practice law usually stick to one or two areas of specialty, and some choose real estate as their area of expertise. If a landowner has come upon discrepancies in the description of his property, or the title isn't clear, he may consult a firm of real estate lawyers for answers.
Sometimes questions come up between a landlord and his tenant that requires consultation with real estate attorneys to resolve. Landlord/tenant laws are also in their area of expertise. Any questions about what kind of loan a buyer should get to buy a house can be answered by these attorneys, just as they can answer questions about the fine points of the law that may affect the overall legality of the transaction. This branch of law can be complicated, so an expert is needed to make sure the state laws are observed whenever a purchase or sale is contemplated. There are zoning laws that come into play sometimes, and the people involved with land sales must comply with those rules. A house can't be built in an area zoned as commercial, and vice versa. Real estate lawyers would catch the mistake before it was made.
Foreclosures must be done in strict compliance with the law, so a mortgagor will consult real estate attorneys before taking action to repossess property. These laws are in place to protect both parties from being taken advantage of. Contracts often require arbitration before legal action is taken so that the parties can discuss alternatives to a lawsuit. Arbitration has become still another area of specialty for lawyers, and just about every specialty of civil law has some need for these services.
Different kinds of deeds will fill the needs of different land deals, and real estate lawyers are the best experts to consult when that subject comes up. There are different considerations when agricultural land title is being transferred than when a commercial building is changing hands. A house on a lot in town will be handled differently than a house on acreage out in the country. Real estate attorneys will know how to handle these two very different contracts with the least hassle.
Large corporations with extensive land holdings may have real estate lawyers on retainer so the company can move quickly to complete a sale or purchase. The acquisition or sale of large parcels can be complicated. For instance, if a company needs more space for a larger factory, the solution might be to try to buy several tracts of land that are right together. This means negotiating with more than one owner and researching more than one deed to get the deal done. Not having clear title to any one of those parcels could cause the whole project to fall through. These real estate lawyers earn their keep in these situations. Realtors, whether large or small, need to have an attorney to regularly depend on to do the legal work for them so all sale contracts are handled correctly. Since their livelihood depends on everything being in order, realtors must be confident the paper work is in order at all times.
Cities will condemn property to acquire same for municipal purposes under laws of eminent domain, and real estate attorneys make sure the business is done according to the laws in place regarding compensation to property owners, the time owners have to relocate, and the reasons for the city's acquisition--all areas that could potentially cause trouble. Both the municipality and the individuals owning the property have rights and responsibilities that the attorneys will consider when drawing up the papers required to finalize the contract. Land is a valuable commodity in any age, and it must have been a great sacrifice for someone to give up land to help the apostles. "Having land, sold it, and brought the money, and laid it at the apostles' feet. (Acts 4:37)
When an individual needs specialty to help untangle a property problem, finding a property lawyer to help is not too difficult. Even if the client lives in a remote area, finding legal help is as close as the Internet. If he doesn't have a computer of his own, the local library probably does, and will allow patrons to look up information. There are a great many specialty listed on the web, and searchers will find them divided up according to the parts of the country they are from so someone searching for help can quickly find help close to home.
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