Protect Your Interests: The Importance of a Real Estate Attorney

Are you considering buying or selling real estate? Whether it’s your first home, an investment property, or a commercial space, real estate transactions can be complex and overwhelming. In such moments, having the right guidance and protection is vital. This is where a skilled and experienced real estate attorney comes into play. From negotiating contracts to ensuring legal compliance, their expertise can safeguard your interests throughout the entire process. Join us as we explore the importance of having a trusted advocate by your side when dealing with real estate.

Introduction to Real Estate Attorneys and What They Do

A real estate attorney is a lawyer who specializes in the field of real estate law. Real estate attorneys can represent either buyers or sellers in a real estate transaction, and their services are often used in the negotiation and drafting of contracts, and importantly, explaining to their clients all of the terms of the complex contracts. In addition to their transactional work, real estate attorneys also handle litigation matters such as boundary disputes, zoning issues, and easement problems. While most real estate transactions proceed without incident, there are always potential risks involved any time property is bought or sold. A real estate attorney can help to identify and mitigate these risks, ensuring that the transaction is completed smoothly and efficiently.

For buyers, a real estate attorney can provide invaluable assistance in the following matters:

  • Reviewing, negotiating, and drafting Offers to Purchase and Counter-Offers;
  • Reviewing title matters to ensure that the buyer is getting the property free and clear of all liens and encumbrances, and informing the buyer of any easements, covenants, and restrictions applicable to the property;
  • Reviewing zoning, land division, and other ordinances applicable to the property to make sure the buyer can use the property for the buyer’s intended purposes;
  • Reviewing surveys to make sure there are no encroachments onto the property and to verify legal access, etc.;
  • Assist with closing the purchase.

For sellers, a real estate attorney can provide valuable assistance in the following matters:

  • Reviewing, negotiating, and drafting Offers to Purchase and Counter-Offers;
  • Ensure that all necessary disclosures are made;
  • Verify that the sales contract accurately reflects the terms of the sale;
  • Advise seller on tax ramifications of sale, including deferral of capital gains taxes with a like-kind exchange;
  • Assist with closing the purchase

When to Call a Real Estate Attorney

In addition to their work on specific transactions, real estate attorneys also provide guidance on general legal matters relating to property ownership and development. If you are considering purchasing property, it is a good idea to consult with a real estate attorney early on in the process to get an overview of your legal rights and obligations. Similarly, if you are planning to develop property for commercial or residential use, an attorney can provide valuable information about zoning regulations and other land-use issues that may impact your project.

Not all real estate transactions go smoothly.  If there are any disputes that arise during the transaction, an attorney can negotiate a resolution or if necessary, represent you in court.

A real estate attorney can provide peace of mind and help ensure that your interests are protected throughout the entire process.

Common Questions About Hiring a Real Estate Attorney in Wisconsin

When you are buying or selling real estate, you should always have a real estate attorney to protect your interests. Here are some common questions about hiring a real estate attorney in Wisconsin:

Q. Do I need a real estate attorney if I am using a real estate agent?

A. A real estate agent’s primary function is to connect a buyer with a seller through marketing and showing property listed for sale.  Many realtors are very knowledgeable about general real estate matters and assist the parties with general closing functions. However, real estate agents often find themselves in a dual relationship with the buyer and seller, and that is not ideal for either party. A real estate attorney represents only you in a transaction and works only to protect your best interests in the transaction.   An experienced real estate attorney can help you understand all of the applicable issues and circumstances and make sure that all of your rights are protected.

Q. How much does it cost to hire a real estate attorney?

A. Fees vary depending on the complexity of your unique case. The best thing to do is schedule a consultation with an experienced real estate attorney to talk about your specific case.

Reliable and Trusted Wisconsin Real Estate Attorneys

An experienced real estate attorney can help protect your interests in a real estate transaction. With an experienced attorney, you will be able to navigate the legal aspects of buying or selling real estate with confidence and assurance that your rights are protected. Whether you are just entering into a purchase agreement or dealing with complicated issues such as title claims and boundary disputes, having a real estate attorney by your side can provide essential peace of mind.