What Does a Real Estate Lawyer Do?
A real estate lawyer can help you solve all those doubts related to the housing market. That refers to the sale, rent, neighborhood associations, inheritances, evictions.
Why You Need a Real Estate Lawyer
In reality, real estate lawyers are specialized lawyers in civil, urban, and mortgage law, the three main branches of action in the housing market.
Large real estate transactions are always associated with a lawyer’s advice, but small ones do not.
And on many occasions, it is advisable to turn to a lawyer specializing in real estate law to avoid misunderstandings or later problems resulting from ignorance of the matter.
The reason is that a lawyer is an expert who knows all the intricacies of the law, all the details that can be overlooked by anyone not related to the environment.
And operations such as buying and selling a home, renting, transferring assets, donations, or inheritance include bureaucratic and legal aspects that most buyers are unaware of because they are not familiar with them.
Besides, since many of us live in a community of neighbors, friction with others can generate problems requiring a good real estate lawyer’s services.
How a Real Estate Lawyer Can Help
Broadly speaking, a real estate law lawyer’s tasks go through studying the property’s situation in sales, etc. In summary, its main areas of action are legal advice in processes of:
- Buying and selling of housing.
- Real estate rentals.
- Problems related to neighborhood communities.
- Large real estate operations.
How a real estate lawyer can help you in the sale of a home
A compelling reason when considering a lawyer’s advice when buying a home is that it is the largest investment in the life of a person or couple.
In this operation, the real estate lawyer checks all the technical and legal issues that affect the transaction.
Countless details must be analyzed carefully, whether the sale is made through a promoter or real estate or carried out between individuals.
Therefore, a professional specialized in real estate law will be able to advise you, above all, in these areas :
- Drafting of documents such as lease contracts, contracts for the sale of housing, rent, etc.
- Understanding and processing of all the documentation that will be signed: housing deed, deposit contract.
- Study of the home: legal situation (Property Registry) and urban planning (licenses in order, etc.), possible charges, hidden defects, etc.
- Problems with home warranties. In both new and second-hand construction, guarantees are usually a source of conflict since they are situations that occur after the purchase (here is everything you need to know about the guarantee of a new home ).
As a buyer, you must know your rights, but if not, a real estate lawyer will tell you how to claim deficiencies in a new-build apartment or hidden defects in the case of a second-hand one.
- Mortgages: it is another matter that has generated more claims in the past (especially due to abusive clauses in mortgages ).
For this reason, and even after the arrival of the new mortgage law, the notary plays a decisive role in verifying that the mortgage contract respects the law. It does not hurt a lawyer to take a look at the loan before signing it.
- Legal process: in these cases, the participation of a real estate lawyer seems essential. This is the case, for example, of processes for embargoes, claims for breaches of contracts, etc.