10 Questions to Ask a Real Estate Attorney

If you want to find the right real estate attorney, you need to ask the right questions.

Whether you’re buying or selling a house, real estate is often the largest transaction most of us experience.

For this reason, you need to know which questions to ask a real estate attorney. This will allow you to obtain the information you need to decide whether or not your real estate attorney is right for your needs.

Today, we’re taking a closer look at some of these questions.

Let’s get started …

10 Questions to Ask a Real Estate Attorney

If you are considering buying or selling real estate, you may want to have a qualified real estate attorney represent you to make sure there are no legal complications that would interfere with the closing process or any transactions involving you and the other party. An investment in real estate is a  large commitment, and you want to make sure you have the best protection possible to prevent any serious complications.

Here are a few questions you can ask to make sure an attorney is a good fit for you.

1. Are you certified and licensed (and where)?

If the attorney is recommended by a referral service, he or she will no doubt be certified. If you find an attorney be some other method, you want to make sure the attorney is licensed in the state in which the property is located, not just the state where you live, invest, or are incorporated.

Also, make sure your attorney is familiar with local laws. Towns and municipalities very often have their own rules regarding real estate sales. Attorneys should be aware of local requirements in Los Angeles or San Francisco, for example.

2. How long have you been practicing real estate law?

In real estate law cases, the experience of the attorney or law firm is important. More complicated real estate matters suggest having a more experienced legal presence. You may have to pay more for experience, but the value of your investment in such cases probably warrants the higher expense. The potential financial loss in larger real estate deals also warrants having more experience on your side.

3. Have you handled cases very similar to mine?

Every real estate deal is unique with its own set of circumstances and potential problems. Your case is no different. It is wise to find an attorney who is familiar with those types of problems and who knows how to prevent them from happening.

Some lawyers handle just residential real estate transactions while others deal with commercial deals or work with financial lenders. Try to be as specific as possible in your request for information on the type of real estate and contract experience the attorney has.

4. How much do you charge and what is the fee structure?

Real estate legal fees can vary widely, so it is best to know up front how your attorney charges and how those charges are based. Is it an hourly fee or a fixed fee? Should you pay a retainer fee up front in order to secure the attorney’s services? Can the fee be negotiable? There is no standard here, so you should be able to discuss what arrangement is best for both you and your attorney.

Estimates for time-based fees range from $100 to $500 per hour depending on the complexity of your case. Flat fees can range into the thousands of dollars. There are many services that you may need such as reviewing contracts, loan and title commitments, closing, confirming the title company performed its job after the closing, handling all communications, and responding to any of your concerns.

5. Will anyone else from your staff work on my case?

Here is an important thing to know about hiring an outside agency, legal or not. Because of the competitive landscape for many organizations, they need to prioritize the time of their different team members. Their best people are often the ones you see up front, the ones who actually “sell you” their services. But they are not always the ones who actually do the work for you. It’s like having an “A” team and a “B” team.

The question is, which team are you really getting? According to Bankrate, some law firms use paralegals or junior lawyers to complete some of the work required. Find out who will be doing what in your case, including the closing.

6. Can you provide good references?

References are important, too. You want to know if the attorney has done a good job for other clients. You want to be given a list of references who are available for you to contact whether you call them all or not. The attorney should be confident and successful enough to provide you with a list of satisfied clients who want to speak well of them.

7. How much of your practice is devoted to real estate?

Knowing that an attorney is qualified and has a number of years’ experience in real estate isn’t enough. The law firm or attorney may have several areas of law that they cover. What is perhaps more important is to ask what percentage of the practice is devoted to real estate? Ask “What else do you do?” Some lawyers take in all cases, whoever walks in the door. This would not work out for you.

8. What value do you offer?

Don’t be hesitant to ask what the attorney can do for you. If the answer is filling out all the real estate forms, this is probably not the right attorney for you. This is not the kind of service you need. Filling out standard forms is not enough because not all real estate transactions are the same. Many are not standard.Ask if the attorney plans to do due diligence for you and will spend the time to review all appropriate documents and perform all appropriate actions.

9. What other issues might arise?

Unknown and/or unexpected issues can arise at any time during real estate transactions. You should feel that your attorney can handle whatever comes up. You should ask the attorney what kinds of problems might occur during the transaction. What have they experienced in the past?

Has the attorney every had to address disputes over repairs or have to resolve issues over appraisals or titles? What other issues should be anticipated? Considering all the possibilities up front will help avoid surprises and lost time, and possibly, lost money.

10. Are you also a title agent?

It would be good to ask if your attorney is also a title agent. In some states, real estate attorneys can also double as title agents. They may also have one on their staff. This is helpful because it means the attorney’s office controls the closing process. There is no need to coordinate with any other office, and this can simplify and speed the closing process. It might also lessen the expenses based on communications. It’s better to have a “one-stop shopping” experience than have to worry about many different real estate authorities.