Legal Advice

Resources  >  Legal Advice  1  |  2 
The Real Estate Attorney

Although contracting the services of a real estate attorney isn’t mandatory in the state of New Jersey, it’s something 99% of buyers (and sellers) do. Considering the size and scope of the transaction, what’s being exchanged (a home!), and the fact that there is no going back once the home has exchanged hands, having a the expertise of a real estate attorney at your disposal isn’t just common sense—it’s also crucial.

Once you locate the property you want to purchase and are ready to make an offer, this is the time to speak to an attorney. You will likely have legal questions about the property, and a real estate attorney is best equipped to answer them. It is strongly recommended that you consult with an attorney before contracts are signed.

We have experience working with dozens of attorneys in the area, and there are clear differences how they work for their clients. When shopping around for an attorney, it’s smart to ask the following questions:

  1. How many years has the attorney practiced real estate? When buying real estate, you want to make sure the attorney has several years of direct real estate experience.

  2. What areas of law does the attorney practice on day-to-day basis? If the attorney is practicing in several different areas of law, the concern is that he/she might not have the expertise or time to put into your particular real estate matter (which can be time-consuming).

  3. Is the attorney local, and/or do they know the local market? A Hoboken real estate attorney is more likely to know and understand the intricacies of your home purchase than someone from out of town.

  4. Does the attorney have the full staff to work on your file? Real estate is a very complex area of law. A team of real estate professionals is needed in order to make sure the file is handled correctly through inspection, mortgage, title, and closing, all in a timely manner.

What Does the Attorney Actually Do?

  • Review the contract, and provide you with guidance on contract terms
  • Negotiate home inspection
  • Review mortgage commitment and title work
  • Work closely with the bank to gain the necessary clearance in order for the matter to close
  • Take you out to look at properties (that’s what your agent’s for)
  • Renegotiate the contract or go to the property for home inspections
  • Represent the opposing side
  • Obtain a mortgage for you

Page 1 of 2    |     Next >

We recommend always using a real estate attorney for a home purchase.

 

 

 

 

 

Don’t be afraid to "qualify" your attorney. The one you choose can make a difference.

 

 

 

 

 

 

 

Understand what your attorney can and can’t do.