Who Needs a Real Estate Attorney?

Why Real Estate transactions benefit from a Real Estate AttorneyMost people, even the most affluent, acknowledge that the buying or selling a home or investment property will be one of the most expensive transactions that they will ever conduct. Anyone buying or selling a home or real estate investment property will benefit by having a real estate lawyer involved in the process.

In many states in the U.S. it is not permissible to buy or sell a house without an attorney – many people new to California are shocked that an attorney is not, by default, involved in real estate purchases.

A minefield of potential problems

Who Needs a Real Estate Attorney? – The average real estate transaction involves at least two dozen separate individuals: home inspectors, appraisers, pest control specialists, soils and civil engineers, swimming pool inspectors, chimney inspectors, roof inspectors, insurance assessors, mortgage brokers and underwriters, escrow officers, buyer’s agents, seller’s agents, buyer’s broker, seller’s broker, title researchers, and other individuals whose actions and decisions have to be orchestrated to get the transaction through escrow and the title deed recorded.

Upshot? – There are plenty of opportunities for legal issues, title problems, missed tax reduction opportunities…

People who often need a Real Estate Attorney


  • Buyers from out of town
  • Buyers of short sale or bank owned properties
  • Buyers of properties that are part of an estate sale
  • Buyers of a commercial property
  • Buyers of an investment property
  • Buyers of a property that could have structural issues
  • Buyers of a property in a problematic area such as coastal, bluff, hillside or flood zone


  • Sellers of a property in some state of distress
  • Persons who are an heir or executor of a property whose owner is now deceased
  • Persons selling a property with a non-cooperative partner
  • Persons who have judgments or liens in their background

Buyers or sellers who identify with any of the above would benefit by having an an attorney on their team to advise and guide them through the transaction.

Other common motivations why people seek out a real estate attorney:

  • You don’t entirely trust the other side or their real estate agent.
  • You are buying or selling the house with a non-family member (in which case ownership issues tend to be more complicated).
  • The property you are buying is in probate or foreclosure.
  • You are buying a house in a development with homeowner-association rules.
  • The purchase or sale is particularly complicated as is often the case in million-dollar+ transactions.

What’s your Real Estate challenge and how can we help? (949) 735-0802

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