Should I Hire a Real Estate Attorney To Buy a House?

Do you need a real estate attorney to buy a house? The 2023 American housing market is and remains a seller’s market at the time of this writing. Unfortunately, tight inventory and high housing prices have made it difficult, if not impossible, for first-time homebuyers to enter the market. For an edge over other buyers, folks may wonder if it’s worth hiring a lawyer who specializes in real estate transactions to aid in the home-buying process. 

How Can a Real Estate Attorney Help During the Home Buying Process?

A real estate lawyer can play quite a few roles while you look for and buy a house. A benefit to hiring an attorney is the legal expertise and guidance. Peace of mind can be priceless when it comes to such a significant investment. 

Contract Review

A real estate attorney can review your purchase contract and ensure that your interests are protected. They will review the terms and conditions, contingencies, and any other potential issues in the contract. Additionally, they’ll help you understand the implications of signing the agreement. 

Title Search and Verification

A real estate attorney can conduct a title search on the property to make sure it does not have any encumbrances that could affect your ownership or the transfer of property. For example, if the property has any liens or judgments against it, your real estate attorney will review the circumstances and address any concerns.

Contract Drafting and Negotiation

A real estate attorney can draft any amendments to the purchase agreement and assist you in negotiating with the other party. If you’d rather someone else handle these sorts of discussions, hiring a real estate attorney is probably worth it.

Due Diligence

A real estate attorney can help you review property surveys, zoning laws, permits, and other relevant information to ensure you understand how to use your property and identify any potential issues. Your lawyer will have years of experience dealing with real estate transactions, while you may not be as experienced. Their expertise could save you a lot of time and money in the long run when it comes to property issues like building code violations and necessary permits for any additional construction.

Closing Process Assistance

Your real estate lawyer can guide you through the closing process. They’ll ensure that all documents are prepared and executed correctly. They’ll explain the terms and costs of the closing statement and ensure that the transaction goes through smoothly.

Dispute Resolution

When you hire a real estate attorney, you’re hiring someone to have your best interests in mind. In the event of a legal dispute related to your transaction, your lawyer can provide representation and advocate for you through litigation, mediation, or negotiation. 

Not All Transactions Require an Attorney

While a real estate lawyer can be beneficial for folks in many real estate transactions, there are certain situations where hiring a lawyer may not be required or isn’t as common. 

Standard Residential Sales with Certain Loan Types

In many standard residential sales, especially those involving real estate agents, the parties involved often use pre-drafted purchase agreements and contracts that are relatively straightforward. As long as both parties understand the terms and conditions and there are no complex legal issues or disputes involved, they may proceed without hiring an attorney.

Additionally, financing from certain institutions such as FHA, VA, USDA, Freddie Mac, and Fannie Mae loans have immovable stipulations. While a real estate attorney may be able to help you understand the terms and conditions of your agreement, they can’t negotiate the terms of these loans to better favor you as the buyer. 

Cash Transactions

If you're buying or selling a property using cash, without the involvement of a mortgage lender, the transaction may be more straightforward and may not necessitate the involvement of a lawyer. However, it's important to note that a lawyer can still provide valuable guidance and review documents to ensure a smooth process.

For Sale By Owner (FSBO)

While we recommend hiring a lawyer for FSBO transactions, it’s not a common practice. In FSBO transactions, the property is sold directly by the owner without a real estate agent. Again, while the parties involved may choose not to hire a lawyer,  it's worth considering legal representation to ensure all legal requirements are met, contracts are properly drafted, and potential issues are addressed.

Rental Lease Agreements

It’s typically not necessary to hire a lawyer when renting a property from somebody else. For residential lease agreements, especially those involving standard lease templates or agreements provided by property management companies, the parties involved may not engage an attorney. However, in complex lease agreements or disputes, it may still be wise to seek legal advice.

How To Find a Real Estate Attorney

It's important to note that real estate laws can vary by state and local jurisdiction, and some states may require attorney involvement in specific types of transactions. It's always recommended to consult with a local real estate professional or attorney to understand the legal requirements and best practices in your particular area. At Expertise.com, we spend hours evaluating and reviewing experts in their field, including real estate attorneys. Search our legal directory now.