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Residential Real Estate Lawyers Near You

Alexander C. Safarian avatar
Alex Safarian is a partner at Block LLP with extensive civil litigation experience. Mr. Safarian has successfully represented hundreds of clients in civil litig...
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Alex Safarian is a partner at Block LLP with extensive civil litigation experience. Mr. Safarian has successfully represented hundreds of clients in civil litig...
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Mathew Kerbis avatar
Mathew Kerbis founded Subscription Attorney LLC, a modern law firm offering subscriptions starting at $19.99/month, with the mission to provide affordable acces...
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Mathew Kerbis founded Subscription Attorney LLC, a modern law firm offering subscriptions starting at $19.99/month, with the mission to provide affordable acces...
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Yasmine Tabatabai avatar
Yasmine Tabatabai is an accomplished and well-respected litigation and trial attorney who is well-versed in evaluating complex legal issues and a tenacious advo...
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Yasmine Tabatabai is an accomplished and well-respected litigation and trial attorney who is well-versed in evaluating complex legal issues and a tenacious advo...
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Joel Francis Murray avatar
Joel has a broad range of experience that includes administrative law, appeals and rulemaking, business and corporate law, consumer protection, government affai...
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Joel has a broad range of experience that includes administrative law, appeals and rulemaking, business and corporate law, consumer protection, government affai...
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Whether you are a seller, buyer, broker, condominium association, or landowner, work with the best residential real estate lawyer near you. A residential real estate attorney helps you draft or review the legal implications of documents such as leases, covenants, easements, and mortgages. Beyond document review, the attorney will also give you legal assistance, including advice and representation in case of a dispute.

What Is a Residential Real Estate Lawyer?

A residential real estate lawyer is an attorney licensed to practice real property law. The attorney advises you on all legal aspects related to transactions around a real estate property.

What Does a Residential Real Estate Attorney Do?

A lawyer for residential real estate near you works with you on matters concerning zoning laws, deeds, estate planning, property taxes, and titles. For example, the attorney may:

  • Review home inspection reports and write an inspection notice protecting the buyer’s interests. If the seller fails to disclose latent material defects before the buyer, an attorney can help reverse the transaction;
  • Undertake title searches as part of due diligence to ensure that you transact on properties with clean titles;
  • Provide financial counsel and help buyers navigate complex residential real estate financing transactions;
  • Help prepare or review documents and contracts for the sale or purchase of a home;
  • Prepare closing documents, attend the closing with the buyer, and prepare contracts or addendums for the seller;
  • Handle disputes involving easement or adverse possession and quiet title actions;
  • File a breach of a fiduciary lawsuit against an agent or broker who defrauds you;
  • Help you respond if you face discrimination while buying a home;
  • Protect your interests in case of a breach of purchase or sale agreement; and
  • Offer advice and representation in instances of landlord-tenant disputes, cell tower disputes, or riparian (water banks) and prior appropriation of water rights.

When to Hire a Residential Real Estate Lawyer

Whenever you are involved in any transaction involving a residential real estate property, engage residential real estate attorneys near you. Some of these circumstances include:

  • Buying or selling a residential real estate property;
  • Dealing with the risk of foreclosures based on failing to pay mortgage payments;
  • Ownership disputes between co-owners of a property;
  • Dealing with a boundary dispute with a neighbor; and
  • Handling a construction dispute when your contractor breaches the terms of your agreement.

How Do I Choose a Residential Real Estate Attorney?

Using the Lawrina legal directory, search for the top residential real estate lawyers and assess:

  1. Experience – Real estate law is complex. Find an attorney with substantial years of experience in the field. Ensure that the attorney’s experience and specialty match your needs.
  • Reviews and Awards – Reviews left by past clients offer insights into the level of professionalism of attorneys and how they handle clients. Consider also whether the attorney has any reviews from peers or awards, indicating a positive reputation and professional achievements in the field.

What Is the Average Cost of the Residential Real Estate Lawyer?

Residential real estate attorneys near you are likely to charge a fixed fee if the work involves document preparation and an hourly rate for matters concerning litigation over property rights.

Expect a typical attorney to charge $750 to $2000 as a flat fee for document preparation and $350 to $500 per hour for litigation matters. If your state requires that an attorney be present at closing, then the flat fee will include the attorney’s closing costs. Ensure that the fee arrangement with your attorney is well documented in a representation agreement you sign.

Do Residential Real Estate Attorneys Usually Charge for Consultations?

Residential real estate lawyers near you may offer free consultations to prospective clients, while others charge. It is essential to confirm with the attorney before agreeing to an initial consultation. Engage several attorneys in an initial consultation before deciding whom to hire.

The consultation allows both you and the attorney to decide whether you are a good fit for each other. Take any relevant documentation and prepare a list of questions you will ask the attorney to ascertain their level of competence and interpersonal skills. You want to work with an attorney who can break down complex legal issues in a way that is easy to understand and who will be accessible throughout your matter.

Frequently Asked Questions

Can the seller change his mind after accepting the offer?

After formally accepting an offer, sellers cannot change their minds regarding the deal unless:

  • According to the agreement’s provisions, if the buyer is not adhering to their end of the contract, sellers can back out, provided they give the buyer a notice to perform.
  • The seller can prove the buyer has committed fraud.
  • The contract’s wording provided circumstances in which the seller could back out of the agreement, and the seller meets those circumstances.

Unless the seller can meet the above requirements, backing out of a contract may have severe legal and financial implications for the seller. However, it all depends on the provisions of the sale agreement.

Can I sue a home inspector for missing something?

You can sue the home inspector if you can prove negligence or malpractice. In such a case, you should demonstrate the inspector deviated from professional standards of care during an inspection. You achieve this by showing how a reasonable inspector would have discovered the defects. However, the extent you can recover damages from the inspector is dependent on the nature of the contract you signed. Most inspectors have exculpatory clauses in their contracts that limit the extent you can hold them liable for damages related to the agreement.

It may be more effective to talk to your attorney about filing a claim against the seller for not disclosing known defects. If the home is newly constructed, you should consider filing your claim against the constructor.

How much are real estate attorney fees for closing?

Closing fees are generally split between the buyer and seller and range from $500 to $2000, depending on the transaction’s complexity.