Real Estate

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Protecting your property rights.

Real estate law helps to control the use of land or property. Your real estate attorney ensures that the entire real estate process is handled smoothly and within legal bounds. Real estate law helps protects your rights to your property. It ensures that you are able to own and use your property as you see fit, along with any permanent landmarks attached to it. Your real estate attorney protects your property rights and everything related to the real estate process.

Real estate law usually encompasses three things: personal property, intangible property, and anything attached to the property such as buildings or landmarks. Personal property items might include items such as furniture, or anything capable of being moved.

Landmarks would include buildings, land, or anything directly attached to the property itself. Intangible property items would include something not physically capable of being owned or attached to the property, but something that holds significance to the property itself, such as stock, certificates, or documents.

Much of the real estate process is regulated by law, dependent upon the property, this may be governed by environmental or common law. Federal law usually plays no role in real estate law; although federal law does govern certain aspects surrounding real estate law. Federal law plays a part in the altitude in which a plane can fly over certain properties. This is extremely important when it comes to housing or personal landmarks.

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Here’s what you need to know.

So, you are considering buying a home. In addition to dealing with a real estate agent, it is highly advised you also hire a real estate lawyer to help you through the process. Your real estate lawyer can ensure that all legal guidelines are being met and that your property rights are protected. This can be especially helpful when it comes to the overall transaction or purchase of the property, along with any issues that may arise between you and the current property owner.

Although you might not want your attorney to help you with the entire process, it is usually required that you have an attorney present when closing the deal on your property. Your lawyer can also review all of the necessary paperwork and contracts and help express any additions to the contract or needs when it comes to the sale of the property. Having a real estate attorney may also be helpful when it comes to price negotiation for your property.

Steps to closing a real estate deal.

There are some essential steps that must be taken before a property deal can be closed.

Escrow – An escrow account must be opened before being able to close the deal on a property. A third party is usually in charge of this account. Having a neutral party to keep track of all finances and paperwork is highly advised until the property purchase is complete. The documents and finances are held on behalf of both the property owner, as well as the property seller. Once a deal has been finalized and the current owner is ready to close, all of these items will be transferred back to both the property purchaser and the seller.

Title Insurance – Title insurance will protect the property owner from anyone trying to claim the property as their own in the future. There is usually a title search done before title insurance can be obtained. This can prevent bad title issues and help in searching for records of any liens, tax issues, etc. Any of these issues must be addressed before the buyer can purchase the home.


Hire a Real Estate Attorney – The next step is hiring your real estate attorney. This is not mandatory, but it is always advised to hire an attorney to help act on your behalf. Your attorney will be able to mediate between you and the current property owner, as well as be able to spot things in contracts that you might not be aware of or understand. Your attorney can also be very helpful in the next step to the real estate process.

Cost negotiation – Before closing the deal on a property, it is important that all costs are fair and agreed upon. Your attorney can come in helpful for negotiating pricing, making it potentially less expensive for you in the long run, along with spotting anything in the contract or cost breakdown that might be taking advantage of you.

Inspections – Before closing the deal on your property, it is imperative to have a thorough home inspection completed. Having a home inspection for any defects as well as any pests, will help spot anything that can potentially save you money in the long run. The current property owner should be responsible for any damages and have them fixed before you take possession of the property. Your real estate attorney can help you ensure that none of these costs come out of your pocket.

Final negotiations/Interest rate – Once everything is edited in the contract and all inspections are completed, it is time to make the final negotiations and to lock in an interest rate. Interest rates can skyrocket so it is important to lock in an agreed-upon rate, that way you will not accrue extra charges over time.

Walkthrough of the property – Before closing, you will want to do a walkthrough of the property. This can be done with your real estate attorney to ensure that any damages to the property were fixed on the part of the current owner and to ensure that there were no damages that have been overlooked.

Closing – Once all these steps are completed, you can now close the deal on your property. It is important to go over all of the paperwork and contracts once more with your attorney to ensure that everything is understood, and everything is 100% agreed upon on behalf of the seller and the purchaser. Your attorney can help explain any complex legal jargon and help with any last-minute negotiations or changes to your contract. Once closed, the property is yours and there will be no more steps.

Closing the deal on a property involves a lot of in-depth work, but all of these steps are necessary to ensure the protection of you and your future property.

Real Estate Law Frequently Asked Questions (FAQ)
What is commercial financing?
Commercial financing can be offered for commercial properties only. Commercial financing for commercial property loans are mortgages designed specifically for the purchaser. A commercial property is used for business purposes only, not for home use. There are different types of real estate financing options. A loan will be given to the purchaser on the terms of repayment. If the purchaser fails to meet the terms of the loan repayment, the property can be taken, so it is very important to meet all terms of the loan agreement as to not lose your property.
What is a deed of trust?
A deed of trust is something that is used in place of a mortgage in some states. In essence, a lender will give the home purchaser money to go towards the property. The purchaser must also appoint a trustee. The home purchaser must also supply a promissory note in order to secure that the loan will be paid back on the terms agreed upon. This loan is usually held by the trustee in a secured trust. The trustee is usually a title company and not an individual person. The trustee often holds a lien on the property, dependent on the state law.
What is a mortgage payment?
A mortgage payment is similar to a deed of trust, except there is no trust involved or trustee. A mortgage is a loan from the bank for the purchase of a property. The loan comes from the bank and you have to make monthly payments to pay off the loan, just as you would with a credit card or any loan. If you default on your loan, the bank has the power to sell the home in order to get their money back.
What is the difference between a real estate agent and a real estate attorney?
Your real estate agent is responsible for helping you find and secure your property. Your real estate agent represents you and helps you to find the right property you are looking for. In most states, a real estate agent is required to be a part of a real estate firm or business, as well as have a real estate license. There are some independent agents that have created their own “business” as well, but ultimately, most states require agents to have or be a part of a broker or firm. Your real estate attorney is more involved in the process of making sure all of your needs are met throughout the purchasing process. Your real estate attorney basically does all of the negotiating on your behalf, so that you can have minimal interaction with the current home or business property owner. A real estate attorney can negotiate anything in your contract in regard to home or property regulations, along with the possible negotiation of pricing for the property. An agent usually does not take part in this process. Think of your agent as the point of contact that connects you with a home or business owner and helps you secure your property, while your attorney gets into the “nitty-gritty” details of securing the property and making sure all of your needs are met and everything is being done legally and fairly.
What is a bad title?
A bad title means the purchaser of a property is not granted the title of ownership to the property due to either financial or legal related issues. This can prevent the purchaser of the property from financial benefits such as being able to sell the home for money, etc. This may also affect the potential property purchaser from being able to obtain any loans for the property as well.
Do I need to purchase title insurance?
Title insurance is beneficial on both the property purchaser and the lender’s behalf. Title insurance will protect the parties from any financial loss due to a bad title. Some things that can have a negative effect on a person’s title are things such as liens, back taxes, or even conflicting wills.
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