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Real Estate Law Basics – What is the Role of the Real Estate Attorney?

Ernesto J. Sager by Ernesto J. Sager
August 31, 2025
in Law
0

As a real estate attorney, you’re bound to get asked many questions about the real estate industry. From what types of real estate transactions are involved to who has the right to file a claim, there are many things to know regarding real estate law. We can get a good sense of how to approach real estate law when we understand that the legal profession has developed specialized tools to help attorneys provide their clients with the most effective legal solutions for their real estate problems.

Real Estate Law

Article Summary show
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What is real estate law?
Types of real estate law
The importance of real estate laws
Real Estate Law in California
Real Estate Law in New York
Frequently asked questions about Real Estate Law.
Myths about Real Estate Law
Conclusion

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Real estate attorneys play a vital role in protecting the interests of their clients, and they can help to settle disputes between parties involved in a real estate transaction. They can help resolve issues regarding the title of a property, the ownership of a property, the legality of a transaction, and much more. In this article, we’ll take on the roles that a real estate attorney plays in a real estate transaction and give tips on to get red into this career.

Most real estate professionals do not understand the intricacies of real estate law. This is unfortunate because they are not well prepared for any potential legal problems in their industry. At the same time, many lawyers have little understanding of what goes on in the real estate world. In many instances, real estate attorneys and agents get involved in disputes between themselves and other real estate professionals. The real estate lawyers are called in to settle the matter. A skilled real estate lawyer can help you resolve your disputes with other real estate professionals and avoid going to court.

What is real estate law?

Real estate law involves the legal relationship between two or more people interested in a real estate transaction. It is important to note that most real estate lawyers are not practicing attorneys. Instead, they often work for a title insurance company, an escrow service, or other related business. While real estate attorneys may guide their clients, they are not attorneys themselves.

Types of real estate law

You might have heard of the term “real estate attorney” and wondered what they do. Most of the time, real estate lawyers are responsible for resolving disputes between the buyer and seller of a property. They represent the buyer or seller and ensure that all the deal terms are met. Sometimes, they can act as an intermediary between the seller and the buyer to find the best solution for both parties. Real estate attorneys are involved in all kinds of transactions. For instance, they can help buy or sell a home, draft contracts, and more. The best part of being a real estate lawyer is that you get to help your clients every day. You get to help people resolve their problems and find mutually beneficial solutions.

The importance of real estate laws

Real estate lawyers play an important role in the real estate industry. As real estate attorneys, you’ll be working closely with your clients. They’ll need your help resolving disputes, such as when a potential buyer decides to back out of a deal after signing a contract. You can also help out with property ownership issues. For example, a seller may dispute with a tenant or a homeowner and wants to know if they’re entitled to claim back the costs of repairs. Then you’ll also have to handle real estate law matters; for instance, you may need to know if a home purchase is allowed or if the homeowner can be evicted from the property.

Real Estate Law in California

As a real estate lawyer, you’re bound to get asked many questions about the real estate industry. From what types of real estate transactions are involved to who has the right to file a claim, there are many things to know regarding real estate law. Real estate transactions include buying and selling a home, renting a house, leasing commercial property, and selling a business. The title is the legal name of a property. A seller typically gives the buyer a warranty deed, which transfers the title to the buyer.

Ownership of a property includes the property’s right to possession, control, and profits. A buyer typically gets a seller’s warranty deed, which gives the buyer the right to possession. In the case of a real estate transaction, the buyer or seller typically files a claim with the court. A claim is a formal statement of a dispute made by one party to another. If a dispute arises, the real estate attorney can help to resolve the issue. For example, if a buyer wants to purchase a house from a seller, the buyer’s attorney can work with the seller’s attorney to ensure the sale is legal and can be completed.

Real Estate Law in New York

Many believe that real estate attorneys only deal with residential and commercial properties, but this is far from true. A real estate lawyer may represent a seller, buyer, lender, or other party involved in a real estate transaction. A real estate attorney can advise you about the laws that affect the purchase or sale of a home. If you want to sell your home, an experienced real estate attorney can assist you with negotiating the price of your home and the terms of the sale. An experienced real estate attorney can advise you about the different types of loans available, including mortgages, home equity loans, and even loans secured by a second mortgage. A real estate attorney can also advise you about the different types of transactions, including short sales and deeds instead of foreclosure.

Frequently asked questions about Real Estate Law.

Q: What’s the biggest misconception about real estate law?

A: That it’s too complex and there are too many regulations. It’s not that complicated, and anyone can handle most laws.

Q: What advice would you give someone who wants to study real estate law?

A: The best thing to do is to start in smaller markets, where there isn’t as much competition. Then, you can move on to bigger markets when you feel more comfortable.

Q: What’s the best part of being an attorney?

A: It allows you to help people.

Myths about Real Estate Law

1. You can’t sue anyone in real estate.

2. Real estate law is a difficult subject.

3. A loManyple don’t know what real estate law is all t.

Conclusion

The first thing that comes to mind about real estate is buying a home. However, there are a variety of other issues that may arise during the transaction. The biggest problem that many people overlook is the legal ramifications of a real estate transaction. For example, if you buy a home and later decide you want to sell it, you may have to pay back taxes on the property. This is especially true if you do not report the sale to the IRS. If you buy a home and later discover the seller has liens on the property, you will have to take care of the liens. It is important to understand these issues and have an attorney review them before you make any decisions.

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Ernesto J. Sager

Ernesto J. Sager

Infuriatingly humble internet advocate. Unable to type with boxing gloves on. Alcohol expert. Twitter scholar. Creator. Spent 2001-2005 consulting about Virgin Mary figurines in Salisbury, MD. Spent 2002-2008 licensing corncob pipes in Phoenix, AZ. Spent 2002-2009 investing in glucose in Gainesville, FL. Spent 2002-2010 deploying Roombas in Suffolk, NY. Spent college summers testing the market for soap scum in the UK. Prior to my current job I was lecturing about birdhouses in Cuba.

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