It is easy to assume your real estate agent has experience and knowledge, but the truth is 20% of realtors have only had their license for 12 months or less, and the average agent in the U.S. closes only 12 deals per year. In 2020 there were 193,770 members of the National Association of Realtors in California.
What this means to you is that there are a lot of real estate agents in California who do not have a large amount of knowledge and experience in real estate law. While most states do not require you to hire a real estate attorney, it is often a wise choice to make sure that all paperwork meets all legal requirements.
What Does a Real Estate Attorney Do?
When you hire an attorney to represent you in the purchase or sale of your home, they will be familiar with California real estate law. They will be able to review the brokerage contract in advance to determine if there are problems. Most buyers and sellers must wait until the closing date to review these documents.
Real estate agents fill out contract templates. If you have a complicated sale or purchase, your California real estate attorney will be able to draft a custom contract for your unique situation.
At the closing, you may feel overwhelmed by the huge pile of legal documents you must quickly review and sign. Your attorney will negotiate any repairs or changes, review the financing documents, and review the title. They will understand and explain any closing documents you find confusing prior to your signing.
Legal Advice for Special Conditions
There are several special conditions where a real estate attorney lawyer will be able to help to provide you with legal advice.
- You have financial problems and are attempting to sell property with liens on it
- You are managing the sale of a home as part of a family member’s estate settlement
- You are selling or purchasing property on which there are severe problems, such as structural damage
- It is a commercial transaction, and the business does not have appropriate state registration
- The property is in a problem area, such as a flood zone, tornado zone, has toxicity levels, etc.
- You are selling a home as part of a divorce settlement
- You are selling or purchasing a home in a different state
- You are purchasing a home under special circumstances, such as an auction, short sale, estate sale, or purchasing a home that was under foreclosure
If you are undertaking a sale or purchase under any of the above circumstances, we recommend you schedule a consultation with an experienced real estate lawyer.
How Can a Real Estate Attorney Help?
There are many aspects of purchasing and selling real estate where disputes may arise. This includes a review of purchase and sale agreements, land use issues such as easements and boundaries, construction contracts, and defects in new construction.
While you are residing in the home a real estate attorney may assist you in land use issues, neighborhood disputes, construction contracts for upgrades to the property, and property foreclosures.
If you have any legal concerns regarding real estate, you need to contact a real estate and foreclosure attorney for legal advice on your situation.
Don’t Handle it Alone
If you are planning to buy or sell a home, do not attempt to handle it alone. Call a real estate attorney at the law offices of Jason W. Estavillo. We have 50 years of combined experience in real estate and foreclosure law.
You have the option of completing a confidential online contact form or calling 888-982-0599 to schedule a free 15-minute telephone consultation, and you will have security in knowing there are no legal problems with your purchase or sale.