| Some states require lawyers to participate in | | | | good real estate lawyers who also have pleasant |
| residential real estate transactions, especially at | | | | personalities. You do not want to hire someone that |
| closing or settlement. Notice how I said, “some | | | | does not play well with others. Your lawyer will be |
| states require...’” not simply that you | | | | dealing not only with you, but with your buyer. You |
| need a real estate lawyer. The majority of states | | | | want someone who will help get the job done while |
| are known affectionately (by real estate lawyers) as, | | | | protecting you. |
| “non-attorney” states. In those states, | | | | How Can You Tell If Your State Is An |
| conducting real estate closings is not considered the | | | | “Attorney” State? |
| practice of law, so you are not required to have a | | | | The easiest way is to log onto a website, such as [ |
| real estate lawyer. The rest of the country resides in | | | | which has a list. In addition to that, you can call your |
| either, “attorney” states or states that | | | | local bar association, your local title insurer, your local |
| have mandated the participation of real estate | | | | mortgage lender, or your local escrow agent. Using |
| lawyers either for the entire closing or for some | | | | the word “local” is no accident. All real |
| parts of the closing. (The parts where you need a | | | | estate is local and all real estate laws are local in the |
| real estate lawyer are usually defined by the clear as | | | | sense of being governed by the state law of the |
| mud description, “those instances requiring the | | | | state where the property is located. |
| use of legal discretion and profound legal | | | | If your house is located in an “attorney” |
| knowledge.”) Since choosing the right real | | | | state, adding a real estate lawyer to your team is |
| estate lawyer can save you a lot of aggravation, you | | | | both necessary and prudent. You’re going to |
| want someone who is: | | | | have to have one anyway, so you might as well get |
| Licensed and in good standing. Many states have | | | | her or him on the team early. |
| web sites where you can look to see that the real | | | | Do I Need A Real Estate Lawyer In A |
| estate lawyer you are considering is both licensed | | | | “Non-Attorney” State? |
| and in good standing. | | | | If the house you want to sell is in one of the |
| Experienced. Word of mouth can be the best | | | | majority “non-lawyer” states, you might |
| recommendation. If a friend or relative has been well | | | | need a real estate lawyer at some point if things get |
| served and satisfied with a real estate lawyer, | | | | complicated, but there is no rush. In |
| chances are you will be also. | | | | “non-attorney” states, closings usually |
| Real Estate Savvy. This is a specialized area. Just as | | | | take place through escrow. Although the escrow |
| every midwife might be capable of handling a simple | | | | agent does not represent you, they are usually very |
| birth, every lawyer might be capable of handling the | | | | knowledgeable and they are obligated to follow the |
| so-called simple closing, (in California and other | | | | directions you outlined when the escrow was set up. |
| “non-attorney” states, people generally | | | | If you do hire a real estate lawyer, she can be your |
| do not even use lawyers for residential transactions.) | | | | second most valuable player. From advising you on |
| It would be nice, if at the beginning, you could know | | | | such matters as the contract, disclosures, title, |
| if yours will be one of those simple transactions. | | | | inspection issues, to holding the earnest money and |
| However, since most of us cannot see into the | | | | handling the closing. |
| future, if you decide to hire a lawyer, you’ll | | | | REMEMBER: Even in “attorney” states, |
| want one well versed in real estate law and its | | | | real estate lawyers are not deal makers. Their job is |
| peculiarities. | | | | to make sure the contract is properly executed. |
| In your area. It is important that the real estate | | | | They may or may not be involved in the actual |
| lawyer you hire be familiar with local rules and | | | | negotiations. |
| ordinances as they can have an enormous impact on | | | | TIP: In some areas, real estate lawyers make a large |
| how smoothly your deal flows. | | | | chunk of their money from the title company they |
| That you can work with. There is no point in hiring | | | | work with. As the seller, it will be your responsibility |
| someone you either do not like or do not trust. What | | | | to bring down title. Therefore, working with an real |
| good does it do you if you cannot rely on the | | | | estate lawyer who has a relationship with a title |
| information she gives you or, just as bad, you cannot | | | | company, could be to your benefit. |
| stand talking to that person? A real estate | | | | © 2007 Complete Books Publishing, Inc. |
| transaction is not brain surgery; there are plenty of | | | | |