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Business & Commercial Dispute Resolution Document & Notarial Employment Law Family & Personal Immigration & International Real Estate & Property Find an ExpertA real estate lawyer protects you in what is usually the biggest purchase of your life. They check the contract and title, deal with the legal transfer and handle disputes over leases, boundaries and deposits, at home or abroad.
In the USA it depends on the state. A number of states require or customarily use an attorney at closing, while in others a title or escrow company handles most of the process. Even where it is not required, a real estate attorney can review the purchase contract, explain the title report and protect your deposit, which is especially valuable for unusual properties, sales by owner, or problems found during the inspection.
In England and Wales the legal side of buying or selling is called conveyancing, and almost everyone uses a conveyancing solicitor or licensed conveyancer. They carry out searches, check the title, handle the mortgage paperwork and transfer the money. Our guide What is conveyancing? explains every step.
Property law is local, and the risks of buying abroad are higher: different rules on who can own land, taxes, notaries, and title records that may be less reliable. Always use an independent lawyer in that country who acts only for you, not one recommended by the seller or developer. My Legal Hub lets you search for property lawyers in 190+ countries.
Home purchases and sales are usually charged as a flat fee, plus expenses such as searches, registration fees and taxes. Disputes and litigation are usually charged by the hour. Ask for a full written quote that separates the lawyer's fee from third-party costs, so you can compare like with like.
Residential, commercial and landlord work need different experience. Ask how often they handle matters like yours.
Your lawyer must be qualified where the property is located, not where you live.
Compare full written quotes, including expenses, rather than headline fees.
Property deals run on deadlines. Ask how they keep clients updated and who your day-to-day contact will be.
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For a standard purchase or sale, most charge a flat fee, plus third-party costs such as searches, title insurance and registration fees. Disputes are usually charged hourly. Prices vary by country, state and property value, so get two or three written quotes.
An agent markets the property and negotiates the price. A lawyer handles the legal side: the contract, the title, the transfer and any legal problems. An agent cannot give you legal advice.
Conveyancing is the legal process of transferring ownership of property from one person to another. It includes checking the title, carrying out searches, preparing the contract and registering the new owner.
For small issues, a well-written letter may be enough, and free advice services can help. Get a lawyer if you face eviction, a large sum is at stake, or the other side has a lawyer.
It is usually not advisable, and in many places it is not allowed, because the buyer and seller have different interests. Use your own independent lawyer.
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