Real Estate Attorney

Working with a skilled real estate attorney is important if you’re looking to buy, sell, or lease property. These attorneys can help you navigate complex property laws no matter where you live, easing stress and preventing costly mistakes.

Rae Theodore

Fact-Checked and Legally Reviewed by: Rae Theodore

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What Is a Real Estate Attorney?

A real estate lawyer is a legal professional who can help you in the legal aspects of buying, selling, and leasing property. Their main goals are to make the process easier and protect you during property transactions.

Some real estate attorneys work for real estate law firms, while others are solo practitioners who practice law on their own.

Real estate lawyers can:

  • Conduct title searches
  • Draft and review leases/contracts
  • Negotiate terms and conditions
  • Represent you in a real estate lawsuit if a legal dispute occurs

Real estate matters can be hard to understand. Thus, it’s often a good idea to connect with a real estate attorney before purchasing, renting, or selling.

What Does a Real Estate Attorney Do?

Real estate litigation attorneys can help with many types of cases and provide many legal services related to property and real estate law.

Real estate attorneys can handle issues related to:

  1. Businesses and real estate: Commercial real estate attorneys help business owners negotiate commercial leases, resolve any legal issues between renters and landlords, and more.
  2. Easements: Sometimes, you might only be able to access a main road by crossing through another person’s land. You may need an easement, a legal agreement that lets you cross land you don’t own. Residential real estate lawyers can help negotiate and secure these rights.
  3. Estate planning: An attorney for real estate can help families during the creation of estates, wills, or trusts, making sure property is transferred to next of kin without hassle. They can also help during probate (the process when a will is activated and an estate representative is appointed).
  4. Foreclosure defense: In a foreclosure, a lender (typically a bank) will try to sell the property when a borrower (a person or company with a mortgage) has stopped paying the mortgage. Real estate attorneys can protect people facing foreclosure or eviction.
  5. Land use and zoning matters: Real estate attorneys can help you understand any laws that may affect the land you own or rent (such as zoning regulations). They can also help secure permits for development projects and make sure these projects follow zoning laws.
  6. Title insurance: This protects you from having to pay taxes owed by a previous owner of your property and prevents other people from challenging your ownership. Real estate legal counsel can help you secure title insurance.
  7. Lending and financing: A lawyer for real estate can help mortgage lenders by reviewing loan agreements or transactions. They can also offer their legal advice related to financing and buying real estate.
  8. Property disputes: Real estate dispute lawyers step in to protect clients. They can help with landlord-tenant conflicts, title issues, property damage claims, real estate contract disputes, and more.
  9. Real estate transactions: Real estate lawyers can review loan or mortgage agreements and negotiate fair terms. They’ll also help you understand how factors like flat fees, property taxes, and short sales could impact the amount of money at stake.
  10. Transactions: Real estate lawyers can help you legally buy, sell, or rent commercial property. They draft and review documents like purchase agreements and can help negotiate a fair deal.

How Much Does a Real Estate Lawyer Cost?

The cost of a real estate attorney can vary, but some charge several hundred dollars per hour. Real estate lawyer salaries are often based on experience and location.

Tip: Make sure you know how much a real estate litigation lawyer will charge you before agreeing to work with one.

Benefits of Hiring Real Estate Attorneys

Hiring a real estate attorney can make renting, owning, or selling property much easier.

Remember: Real estate lawyers are able to help with a broad range of issues, from reviewing mortgage agreements to resolving landlord-tenant conflicts.

Top lawyers for real estate have:

  • A deep understanding of local and state laws
  • Connections with real estate agents
  • Many years of experience helping clients
  • Skills to handle specialty cases (like ones involving liens or easements)

Since property laws vary by state and can be hard to understand if you aren’t a lawyer, it’s usually in your best interest to work with an attorney to avoid any complications.

How Can I Find a Real Estate Lawyer Near Me?

You can find top real estate attorneys near you by searching on the internet, consulting with local firms or companies, or asking neighbors or friends.

When looking for a real estate lawyer, it’s a good idea to:

  • Compare multiple lawyers before making a final decision
  • Find someone with a good track record in helping clients
  • Understand how much the attorney will charge

Many real estate lawyers offer free consultations to help you get a better idea of the services they offer. By exploring your options, you’ll be confident that the lawyer you decide to work with is the best one for your case.

Real Estate Attorneys FAQs

What claims do real estate lawyers handle?

Attorneys for real estate handle many types of claims for issues such as boundary disputes, contract breaches, landlord-tenant conflicts, zoning violations, foreclosures, and more.

Reach out to a local real estate attorney to get a better idea of the legal matters they can handle.

Will hiring a real estate attorney help me win my case?

There’s no way to guarantee that working with a real estate attorney will help you win, but top lawyers will do all they can to assist you. It’s likely that you’ll have a better chance at winning a case or getting a favorable outcome with legal representation than if you go it alone.

Do you always need a lawyer for a real estate case?

It depends. Some states require you to retain a lawyer to buy or sell your home.

Even if you don’t necessarily need a real estate attorney or law firm, these legal professionals can often help deal with complicated real estate issues. If you try to go it alone, you could make costly mistakes — especially if you’re looking to become a first-time homeowner or property owner.

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Rae Theodore

Fact-Checked and Legally Reviewed by: Rae Theodore

Rae Theodore is a writer and editor with more than 30 years of experience in legal publishing. She earned a bachelor’s degree in English from Pennsylvania State University.

  1. American Bar Association. (n.d.). “The Probate Process.” Retrieved August 28, 2024, from https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process/
  2. American Bar Association. (2018, July 25). “Wills and Estates.” Retrieved August 28, 2024, from https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/estate/
  3. UConn School of Business (2019, October). “Real Estate Laws 2019.” Retrieved August 28, 2024, from https://realestate.business.uconn.edu/wp-content/uploads/sites/489/2019/09/Real-Estate-Laws-2019.pdf
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