Do I Need a Real Estate Lawyer? What to Look for & Why It's Important
Amit Bhuta
I use non-traditional marketing to inspire the most motivated buyers to pay the max for Miami luxury homes...
I use non-traditional marketing to inspire the most motivated buyers to pay the max for Miami luxury homes...
A real estate lawyer can help you understand your contract, title issues, and legal risks when buying or selling a home. Legal advice can reduce surprises, but it cannot guarantee a trouble-free transaction.
Sure, you might not think you need one.
But a lot can go wrong when transferring property ownership.
For example, if you discover that a homeowner doesn't have the right to sell a property, you'll be glad you have a lawyer on your side.
Of course, some lawyers do their jobs better than others.
We can help you choose a reliable, experienced attorney who fits your budget.
What Does a Real Estate Lawyer Do?
Depending on the agreed scope of representation, a real estate lawyer may help review the contract, examine title, explain your obligations, and address disputes. Common tasks include:
- Reviewing the property's history to determine whether the current owner actually owns the title and has the right to sell it.
- Searching for liens that would prevent the owner from selling the property.
- Reading contracts to make sure you understand every aspect of the deal.
- Representing you when the property owner doesn't want to follow a signed contract.
Requirements vary by location and transaction. For a Florida purchase, The Florida Bar recommends consulting an experienced Florida-licensed real estate lawyer before signing the contract. Confirm who will handle your legal advice, title work, and closing rather than assuming one role covers them all.
Does the Lawyer Represent Your Interests?
This is an interesting question that many people do not think about until it's too late.
Ask the lawyer to identify the client, the services included, and any limits on the representation in writing. Paying a fee or attending the same closing does not, by itself, tell you whose legal interests the lawyer represents.
A lawyer acting for your lender does not automatically represent you. The closing agent may be a lawyer, but that does not necessarily make the closing agent your personal legal adviser.
Confirm the role directly, including any conflicts, before sharing confidential information or relying on legal advice.
If someone else hires a real estate lawyer for your sale or purchase, consider hiring one to represent you.
A lawyer might not be required, but you'll have more protection.
What Happens When You Don't Hire a Lawyer?
Assuming that a lawyer's involvement isn't required, ideally, nothing negative will happen if you don't hire a lawyer.
Getting an attorney in your corner, however, often means the process will go much more smoothly.
A lawyer can explain risks and options, but hiring one does not eliminate every title, contract, or closing problem.
Sometimes a property owner doesn't have the legal right to sell a home or land.
An existing title could show that someone else — such as a previous owner's relative — is the rightful owner.
An owner's title insurance policy protects the buyer against covered title-related losses, subject to the policy's limits and exceptions. A lender's title policy protects the lender, not the buyer. Ask your lawyer or title professional to explain the title commitment and coverage before closing.
Realistically, though, it's better to avoid the situation entirely.
If a title problem appears, have your lawyer explain whether it can be corrected, the contract's notice and cure deadlines, and your available remedies. Not every title issue requires a court case.
Do not assume you can simply walk away and recover your deposit. Your options depend on the contract and the facts, so get advice before missing a deadline or making that decision.
How Much Does a Lawyer Cost?
There is no single attorney fee that fits every transaction. Ask for a written fee agreement or estimate describing the work included, whether billing is flat-fee or hourly, and any separate expenses or additional charges.
Discuss when payment is due and whether any legal fees will be collected at closing. Title insurance premiums, settlement services, and legal representation are different charges, so ask for an itemized explanation rather than assuming one fee includes everything.
Depending on the loan and transaction, other purchase expenses may include the items below. Some are paid before closing, some at closing, and not every charge applies to every buyer:
- Title insurance
- Appraisal fees
- Home inspections
- PMI (private mortgage insurance) and other forms of insurance
- Broker fees
- Application fees
- Prepaid interest
Who pays each charge depends on the contract, the loan, and the services involved. Review the allocation with your lawyer, lender, and closing agent rather than relying on a general rule about buyers or sellers paying most costs.
You may negotiate a seller credit, but it requires the seller's agreement and must fit the lender's rules. Confirm the allowed amount and how it will appear in your closing figures before relying on it.
For a mortgage purchase, use your Loan Estimate and Closing Disclosure to review the actual charges and compare them. A percentage of the sale price is only a rough planning shortcut, not a quote for your transaction.
Check the final cash-to-close figure separately from closing costs, and ask about changes or charges you do not understand before signing. Your down payment, deposit already paid, and credits also affect how much money you need at closing.
“Our home, priced at $1,225,000 was on the market for ONE YEAR with a local realtor without any offers...... the team sold it in 34 days at a price we were very happy with.”
- Alicia Sandoval
“His high-end, digital marketing for sellers is truly cutting-edge and worlds ahead of the competition. Amit also offers hands-on buyer services that are the best you will find in the Coral Gables area. Hire him for all your real estate needs!”
Who are we?
We are the ALL IN Miami Group out of Miami.
We are Brazilian, German, Hispanic, Indian, Syrian, and American.
We are Christian, Hindu, and Jewish. We are many, but we are one.
We sell luxury homes in Miami, Florida.
Although some of our clients are celebrities, athletes, and people you read about online, we also help young adults find their first place to rent when they are ready to live on their own.
First-time buyers? All the time!
We feel so honored and lucky to play that big a part in someone's life.
