Like all real estate agent jobs, these attorneys must provide services to individuals as those services are needed. Jobs in real estate often come and go with the flow of the real estate market. When properties are moving quickly, the average attorney will have many more real estate jobs to handle. Jobs for real estate attorneys are much more extensive, though, beyond this level of buying and selling in the market.
An attorney must go through four years of college education followed by three years of law school. The competition to get into a law school alone is quite intense and ultimately only the top performing attorneys can make their way through this process. The overall outcome is quite positive, though, in those that make it into this area of study go on to own their own businesses or are partners in larger firms more often than other attorneys.
The real estate attorney must act as an advocate for their clients as well as advisors for them. They must show the client what needs to be done to settle the problem, to process the transaction or to otherwise improve the situation they are in. This entails a great deal of responsibility and education on the laws of the country, state and local jurisdictions.
In the field of real estate, the tasks undertaken by the attorney are generally very focused on the actual real estate industry, having virtually anything to do with property. This includes the following:
The sale and transfer of real property from one person to the next, such as during the purchase of a home or building is handled by a real estate attorney. These services are often seen behind the scenes as the attorneys often work with real estate brokers who handle a large number of sales. For example, an individual purchasing a piece of real estate contracts with a real estate agent, working for a real estate broker. The broker employs the services of a real estate attorney to handle all transactions that come through the office.
The attorney will handle all title searches for the transfer of ownership as well. This process involves detailed document and history work to find any potential problems with the title, such as someone else owning the property through inheritance that was not honored. This is generally part of the buying process of any property.
The real estate attorney will draw up all documentation required for the transfer of the property. This includes all deeds, mortgages, and leases. This paperwork is specific to the local, state and federal guidelines put in place. The attorney's job is to ensure that the contracts and documents are written accurately to allow for the legal transfer of the property from one person to another.
Real estate attorneys also often help with property management. For those that may own a piece of property that is used for rental means, the attorney will handle all contracts to rent the property out. They may also handle the required documentation of the local area for that rental property. The attorney may also handle the legal documents required to remove the tenants from the property should there be a reason to do so, such as nonpayment of rent.
Many real estate attorneys also handle some form of financial claim. They can act as a trustee of property and therefore hold any funds for the investment into the property or the payment of insurance. This is done through private accounts set up with the attorney's name or through the individual’s name, then naming the attorney as having the ability to access funds for payment requirements.
For those who may not want to use a real estate agent in the sale of a home or commercial building, the real estate attorney can help. They often provide services that an agent would. This includes helping to negotiate the price, insuring inspections are handled, meeting mortgage terms, and handling virtually all other aspects of the transactions. Many people would rather not sell the property through an agent to avoid having to pay sales commissions, and instead they use a real estate attorney to ensure that all contracts and legal documentation are handled properly. These services can be contracted out individually.
In a commercial setting, the real estate attorney also plays a role. Companies may hire them to provide a range of services including providing the company with legal representation for all real estate transactions including the purchase or sale of property, property management, and property disputes. The job of the attorney is often defined by the corporation.
Most real estate attorneys work for several clients, often providing services as a one off, such as handling the sale of a piece of property. They can be retained for ongoing services, too, especially with property management needs, and for companies in a business that has various transactions.
Attorneys in this industry often have a wide variety of skills, including good communication, the ability to meet very specific deadlines, they are thorough, and they understand. They must possess a strong knowledge of the real estate market and the laws governing it. Often times, they are the only source of information for the client.
