A real estate attorney can handle various aspects of property law, including drafting contracts, deeds, and wills, ensuring legal land transactions, educating on landlord-tenant laws, and enforcing or challenging regulations set by homeowners associations and zoning laws. Court involvement is sometimes necessary.
A property attorney can deal with all aspects of real estate. Most of the duties of a real estate attorney can be performed without going to court. Sometimes, all he needs to do is write a letter stating what was previously written into a contract, lease, deed, title, or statute. Other times, there may be two different interpretations of the meaning of a particular sentence in a contract or statute. In such cases, if the matter cannot be settled out of court, a judge may be needed to make a final decision on the meaning behind the point at hand, requiring the real estate attorney to prepare for trial.
Much of what a real estate attorney does revolves around ways to transfer ownership. As a result, she may be hired to draw up a contract, deed, will or trust that will allow other people, especially the court, to see how ownership is intended to transfer. For example, sometimes a piece of property is only owned by a person if certain obligations are met. For example, the land may be owned by a city, as long as the city makes the land available for dogs to run off-leash. If the city bans dogs from running off the leash, the land can be returned to the original owners or their family members.
From time to time, someone needs a real estate attorney to ensure that the land transaction is legal. For example, you may have a fraudulent sales contract. Also, owners are required to disclose defects before selling. If people buy real estate without receiving full disclosure from the previous owners, it could lead to a legal battle.
Many times, a real estate attorney will also educate a homeowner or tenant on matters covered by landlord-tenant laws. For example, the attorney may need to ensure that tenants are selected based on discrimination and fair housing laws in some areas. For example, if a landlord lets the property become habitable, the tenant may be able to sue the landlord. Also, if a tenant does not maintain a property under the lease, the landlord may be able to sue the tenant.
One of the most common duties of a real estate attorney is to enforce or combat regulations set by homeowners associations and zoning laws. For example, a homeowners association may ask an attorney to enforce a particular statute that has been ignored by a homeowner. Alternatively, the attorney may attempt to challenge the association on behalf of a homeowner, if the statute applies to only some of the homeowners or if it causes extreme hardship to the property owner.
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