Best Real Estate Lawyers in Athens, GA

FAQs

• What is the non-emergency contact number for the local police station in Athens, Georgia?

  706-613-3345 is the non-emergency contact number of the Athens-Clarke County Police Department.

• Where can I get a copy of police reports for incidents related to my case in Athens, Georgia?

  To obtain a copy of police reports for incidents related to real estate cases in Athens, residents can typically make a request through the Athens-Clarke County Police Department. Residents can also submit an online form using this link: https://www.accgov.com/4987/Open-Records-Request or send an email request to the specified open records officer.

• What are some of the peculiarities to titles in Athens and throughout Georgia that real estate attorneys must consider when analyzing them?

  In Georgia, the right to a title is vested in the executor until he or she makes an assent to the property title. Additionally, the title to property owned by a person at his or her death is treated differently in the state. For instance, surviving spouses and minor children may be granted a year's support, which could potentially involve real estate. These are some of the factors that may be considered by real estate attorneys in Athens when conducting title examinations.

• How can a real estate attorney help in establishing property ownership in Athens?

  Real estate attorneys can assist Athens residents in establishing ownership of real estate by checking for existing liens, mortgages, and quitclaim deeds. They can also help examine judgments, restrictions on property use, and any other parties with an interest in the property. In addition to conducting title examinations, these attorneys play a crucial role in safeguarding titles by providing title insurance, which helps protect against any unexpected or undiscovered issues that may arise.

• Can buyers and sellers use a notary to close a real estate loan in Athens and the state of Georgia?

  Buyers and sellers cannot use a notary to close a real estate loan in Athens. The Georgia Supreme Court issued a ruling on November 10, 2003, specifying that witness-only closings for properties must be conducted exclusively by an attorney and not by a notary. Therefore, it is illegal for a witness-only closing to take place on a property in the state unless it is handled by a real estate attorney.

• Can a buyer win a fraud claim against a seller who failed to disclose a defect in a real estate property in Athens?

  No, a buyer cannot win a fraud claim against a seller who failed to disclose a defect in a real estate property in Athens because the legal principle of caveat emptor, often referred to as "buyer beware," is followed in the state of Georgia. This implies that if a defect in a property could have been discovered through inspection, buyers cannot successfully pursue a fraud claim against the seller for not disclosing it.

• What options are available to a buyer of real estate property in Athens and the state of Georgia when a title defect is discovered?

  Once a title defect is discovered, a buyer of real estate property in Athens or any part of the state of Georgia faces three options based on the provisions outlined in the purchase contract. These choices encompass requesting the seller address the problem before the closing, asking the seller to reimburse the buyer for the expenses incurred in rectifying the issue, or deciding to abandon the purchase altogether.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.