Whether you want to buy or sell a home, you have likely asked yourself if you need a real estate attorney. While some states do not require that you use a real estate attorney, you should have a thorough understanding of the benefits they can offer before you dismiss their services. Discover three ways that a real estate attorney can help you when you buy or sell a home.



Review and Draft Documents



Like many other business transactions, home buying and selling can come with an overwhelming amount of paperwork. Deeds, leases, and rental agreements are just some of the documents that you will deal with during your transaction. Having a real estate attorney available to read over the documents is one of the best ways to make sure that the transaction will be desirable for you.



In addition to reviewing paperwork, real estate attorneys can also draw up new documents for you. While a real estate agent can provide many of the same review services that an attorney can, a licensed attorney is required to draft them. This will be necessary if you plan to lease or rent property that you own for the first time.



Check for Real Estate Encumbrance



Real estate encumbrance refers to any situation in which someone other than the real estate owner has legal interest in the property. This is not ownership interest but typically is a duty owed by the property owner to a third party. Have a real estate agent be able to identify real estate encumbrance, as these encumbrances will transfer to you if you purchase the home and become the new property owner.



The most well-known type of real estate encumbrance is a lien. A lien is a claim to any property as collateral for a debt. If you want to purchase a home subject to a lien, the lien holder can sell your home to repay the unpaid debt. This can be a perilous situation to navigate without the aid of a real estate attorney, as you essentially inherit a debt that you did not originally owe by purchasing the home.



Negotiate and Counsel



Not only is buying a home one of the largest, if not the largest, purchases you will make in your lifetime, but it also carries the most personal significance. On occasion, you may find yourself wanting to purchase a home that seems perfect to you, even if it is out of your budget or in a poor location, or if other complications make the purchase a bad deal.



Your real estate attorney can provide invaluable counsel in these situations because they can determine if a purchase is in your best interest from a detached perspective, without any emotional attachment to a particular home. This can save you from overspending or buying a home subject to a lien, factors you may be tempted to overlook if you are especially fond of the home.



If you are determined to purchase a home even if the terms are not ideal, a real estate attorney can often negotiate more effectively to lower your payments and make other arrangements.



Real estate lawyers have training and years of experience that allow them to come prepared for real estate negotiations. Simply having a real estate lawyer on your side can make the seller's agent more likely to accept terms that they would not otherwise.



Real estate lawyers provide many valuable services besides simply closing your real estate transaction. Contact Kisner Law Firm if you want an experienced real estate attorney who can help you achieve your dream home. We look forward to speaking with you.