7 Reasons to Hire a Real Estate Attorney in Texas

Real estate makes an excellent investment, whether you're buying a family home for the first time or purchasing a commercial property to generate rental income. Real estate transactions are more complex than you might think, and many things can go wrong. One mistake can leave you in debt or even in a serious legal dispute.

While Texas real estate law does not require you to work with an attorney at closing, that's the best way to avoid expensive problems. You don't have to wait until you're facing litigation. Read on to find seven compelling reasons to hire a real estate attorney in Texas before anything goes wrong.

1. Representing Your Best Interests

Real estate agents earn commission on purchases. They maximize their income by making sales as quickly as possible, and that's not always conducive to a buyer or seller's needs. A real estate attorney, on the other hand, will work with you to represent your interests, resolve discrepancies, and ensure that whether you're buying a starter home or an expensive commercial property, your rights are protected.

2. Clarifying Complex Laws and Regulations

The laws and regulations involved in buying or selling real estate can get confusing. If you're struggling to understand the terminology used in legal documents or determining what your options are regarding issues like zoning, title transfers, or financing, you're not alone. The language used in legal documents is difficult to understand, and many people find negotiating prices and terms overwhelming.

Real estate attorneys know the ins and outs of relevant laws and regulations. They can explain the purchase process in a way you'll understand so you can make an informed decision. Without that help, you might find yourself with a property that doesn't meet your needs. You might wind up stuck with a home in a state of disrepair or a property zoned for residential use only when you want to open a commercial business.

3. Negotiating Better Terms

When most people think of real estate negotiations, they assume the primary concern will be pricing. In reality, other terms of the agreement are just as important. A home buyer may also want to negotiate:

●     Home repairs

●     Seller-paid closing costs

●     Home Warranties

●     Mortgage rates

●     Lender fees

●     Household fixtures

●     And more

If you plan to buy a commercial property, there are even more details to consider. A real estate attorney can help you understand complex issues like liens, zoning restrictions, environmental reports, structural conditions, and other complications and negotiate on your behalf. With official legal representation, you'll deal with less stress and avoid expensive mistakes.

4. Drafting Contracts

Real estate agents typically use standard form agreements, which rarely cover all the complexities of real estate transactions. That may be fine if everything goes as planned, but what will happen if a seller backs out after accepting the offer or an inspection uncovers significant structural issues? Having an attorney review documents and tailor purchase agreements to the specific situation is the only way to avoid unnecessary complications.

If you plan on selling a piece of commercial or residential real estate, having an attorney draft the necessary documentation is just as important. Buyers may attempt to alter contracts in a way that gives them an unreasonable amount of leeway for backing out of the deal, to give just one example. Having an attorney draft option contracts avoids this potential issue, saving sellers weeks of active marketing time.

5. Reviewing Documents and Resolving Title Defects

The purchase agreement is only one of many legal documents related to the transfer of real estate. You'll also want to review the survey, title, and all other documents before signing on the dotted line to avoid unnecessary hassles after closing. The documentation on the property should include information about liens, easements, and other restrictions. You'll also want an attorney to review documentation regarding the results of the title search.

Unfortunately, issues with title defects aren't uncommon. They come up most frequently with older properties and often involve claims by other parties or unpaid debts. Something as simple as a missing signature can prevent the transaction from going through. A real estate attorney can help with identifying and resolving title defects, whether that means making sure the seller pays off an outstanding lien or identifying missing heirs.

6. Handling Closing Details

In most cases, an attorney will not be present at the real estate closing. Unless you have your own attorney, whoever is present will not owe you any fiduciary duty, meaning they won't have any obligation or incentive to ensure you won't be taken advantage of by the seller. In most cases, you won't even be able to get legal advice or assistance with addressing any kind of potential problem with the property. The only way to make sure your best interests are represented during this essential process is to hire your own attorney.

7. Providing Legal Representation

Sometimes people hire real estate attorneys not to facilitate the purchase of properties and ensure that their best interests are protected but to resolve disputes. These could include:

●     Boundary issues

●     Easement disputes

●     Title challenges

●     Ownership disputes

●     Contract enforcement

●     Construction defects

●     Wrongful foreclosures

You might be surprised to learn that even homeowners' association (HOA) disputes could wind up in court. No matter what kind of problem you're facing, if it pertains to a residential or commercial property, a real estate attorney can provide legal advice and representation.

Schedule an Initial Consultation With a Real Estate Attorney

While Texas is not a state that requires you to hire a real estate attorney to buy or sell property, there are plenty of compelling reasons to do so. Whether you're planning on purchasing a home, placing a commercial property up for sale, or fighting a wrongful foreclosure, the first step is always the same. Schedule an initial consultation with a real estate attorney who can evaluate the details and help you determine the best way to move forward.

Disclaimer:

Ruelas Andino Law, PLLC makes no claims as to the accuracy of the information contained within the external links in this blog article nor does it endorse any of the businesses contained in the links. Information contained in this blog is for informational purposes only and may not be construed as legal advice.