Best Real Estate Lawyers in Atlanta, GA

FAQs

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

  The residents of Atlanta may reach out to the local police by dialing 404-658-6666 to report non-emergency cases.

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

  Police reports for incidents in Atlanta can be requested through the following:

  • Email: OpenRecords-Police@AtlantaGa.Gov
  • Online: https://www.atlantapd.org/i-want-to/open-records-request-93
  • Mail: Atlanta Police Department / Open Records, 226 Peachtree Street SW, Atlanta, GA 30303. Mail requests should include the requestor's phone number and mailing address.

• What is the average closing cost in Atlanta?

  In Atlanta, a buyer's closing costs may range from two percent to five percent of the property's sale price. For example, if the average home in Atlanta is valued at $261,200. The buyer closing fees can be around $5,224 to $13,010. These are the average fees to be paid when you close a real estate transaction.

• Is there any other way for a person to get a real estate lawyer in Atlanta if they don't have enough funds?

  Hiring a real estate lawyer in Atlanta can be expensive, and if you don't have enough funds, there can be other options. One option is to seek assistance from Atlanta's Legal Aid Society. They are an organization that offers legal help to low-income people. Other options are to ask for financial aid from your relatives and friends, and if you have a credit card, you can also look for lawyers who accept that form of payment.

• Is there another way of resolving real estate disputes in Atlanta apart from litigation?

  Litigation is not the only way to settle real estate disputes in the area of Atlanta. Mediation is another method of resolving disputes without consuming your time and finances. You can always turn to your lawyers and ask if your situation can be mediated and if not, you can push through with litigation as the last option.

• Is a title review really needed when purchasing a property in Atlanta?

  Having your lawyer perform a title search and review is essential when purchasing a property in Atlanta. A title review may tell you several things, including who has owned the property you are trying to purchase, if someone else can claim the property as their own, or find out if there are any outstanding liens or mortgages on the property.

• How much does it cost to hire a real estate lawyer in Atlanta?

  The costs related to hiring a real estate lawyer in Atlanta will depend on various factors, such as the complexity of the case and the lawyer's experience. Assistance from a lawyer may range from providing simple legal advice to offering representation in court. The ideal way to know how much a real estate lawyer will cost is to schedule a consultation with them.

• 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.