Buying or selling your home is not an easy task- both mentally and physically. A lot of emotions are attached to a home. But to upsurge, the burden, the paperwork and the legal work make things complicated. You need a huge deal of knowledge on legal, financial and other parts.
So, it is better to leave the task to experts and hire a real estate lawyer.
Many people still wonder what does a real estate lawyer do. To illuminate them on this topic, today, the sole purpose of this article is to talk about real estate lawyers and their roles.
- 1 Who Is a Real Estate Lawyer: What Is His Role?
- 2 What does a Real Estate Lawyer do?
- 3 Why Hire a Real Estate Lawyer?
- 4 Final Words
Who Is a Real Estate Lawyer: What Is His Role?
A real estate lawyer is a professional in civil law. He deals with everything related to legal aspects related to housing, land, department, offices, commercial premises and others.
It is one of the specialities of the study of law, where it is instructed on certain information and laws that constitute real estate law. This specialization is applied in cases related to property and real estate law.
The real estate lawyer is a specialist in real estate law, which deals with the legal regulations related to the real estate field. It is related to the citizen with public administrations, as well as individuals with each other. Let’s look at the following cases:
- Leases of urban and rural real estate,
- Evictions of homes and business premises,
- Domain file,
- Successive tract files,
- The sale of homes, land, apartments.
- Transfers of commercial premises.
The lawyer’s task will be to verify the existence of risks associated with the acquisition/sale of the property. In addition, he will be taking care to protect the contractor from any fraud.
In particular, the lawyer will ascertain:
- Whether the property is already encumbered by mortgages or by a real right of enjoyment (use, dwelling, surface, usufruct);
- If it is subject to the constraint of protection of cultural assets or other limits of a different nature;
- Whether the property has the necessary building permit or permit;
- If it is equipped with the certificate of viability.
The lawyer has to carry out a preliminary examination of all contracts relating to the property sale. He will do this before the client signs it, paying particular attention to the primary contract (or compromise). It must be duly recorded real estate at the Registrar’s Office in which the property is located and the public deed of sale (or deed).
What does a Real Estate Lawyer do?
The real estate lawyer is your natural partner to answer all your questions in real estate matters, whether you are a professional or an individual.
The Real Estate Lawyer Advises You
The lawyer in real estate law is your legal advisor in the broad sense of the term. This means that he supports you first in realizing your real estate project, whether this project is professional or private.
It cannot be stressed enough that consulting a real estate lawyer before initiating your project and ensuring the viability of this project can save you time and money.
He Helps You with Property Ownership
A real estate lawyer is responsible for reviewing, analyzing and managing the necessary documentation to have legally healthy property.
He Drafts Your Contracts and Your Acts
The real estate lawyer drafts the contracts and acts of any kind necessary for the needs of your activity. It is important to remember that the act of a lawyer in real estate law guarantees both professional and individuals legal security. In addition, the lawyer certifies that each party has been fully informed of the effects and consequences of the act signed.
He Represents You and Defends You
The real estate lawyer is also your advisor when he represents and defends you in a dispute involving the referral to a court. He does so whether you are a plaintiff or, on the contrary, a defendant in action,
For example, we can mention a few of them in the below lists.
- Neighbourhood disturbances during the construction of a structure
- neighbourhood disturbances during the operation of commercial or industrial premises
- construction faults;
- Poor workmanship and no manners during a VEFA
- sale in the future state of completion
He Ensures Credibility
A real estate lawyer can go and check the property you intend to buy. He will verify that it is free from mortgages or real enjoyment rights such as usufruct. It can also verify that this is equipped with a regular building permit.
He Negotiates on Behalf of You
This figure serves both those who buy and those who sell; as always, the negotiation is done on two fronts. From the initial phase to signing a contract, you need a figure that can give all his support. This involves the payment for the purchase.
This is necessary to avoid pitfalls, scam attempts and ensure that everything flows in the best possible way. A real estate lawyer even does things without possible hitches that are often the order of the day.
Why Hire a Real Estate Lawyer?
The real estate lawyer is a professional. He specializes in the legal world of real estate. He will answer the questions and all the expectations of customers dealing with the sale or purchase of a building.
His role is to look after the interests of the client. He knows and can explain to customers technical terms such as the sale or purchase agreement, obligations, inherent rights. In addition, he must advise before signing, verify the authenticity and accuracy of documents for the real estate transaction.
He will coordinate the communication between the seller and the buyer. Its competencies relate to the acquisition, the rental, the sale by taking care of the act of disposal. It can also help in the creation of real estate.
He assists and informs about the rules in force during construction. In addition, he supports the administration of a syndicate of co-ownership during conflicts or difficulties.
Buying or selling properties requires the services of a real estate lawyer. This avoids errors, makes it possible to have appropriate advice, and makes the transaction in the best possible conditions.
In addition, the lawyer works for his client, serving as a consultant to make his life easier, and takes care of the various documents in the case. If you still have any questions about what a real estate lawyer does, feel free to ask.