For many, buying a home or a commercial establishment is a once-in-a-lifetime investment. Apart from hiring a real estate agent to help with the transaction, you may want to consider working with an experienced Utah real estate lawyer to navigate the legal waters.
Real estate attorneys are well-versed in matters related to both residential and commercial properties. From explaining transactions to managing disputes between parties, they’re adept at handling all property-related legal matters.
In fact, many states in the US mandate the presence of a real estate lawyer at closing (when money is paid and the title is transferred). And even while Utah does not require you to have one, it might be a good idea to retain their services as they can uphold your best interests. They’ll review all your documents in advance, and provide guidance from the legal perspective to ensure a smooth transaction.
How a Utah Real Estate Lawyer Can Be Helpful
A residential or commercial real estate attorney is a qualified legal professional. Their primary work involves preparing and reviewing documents related to purchase agreements, title documents, mortgage papers, and transfer documents.
Real estate lawyers are usually hired to oversee transactions, but they’re also present with the buyer at the time of closing. They make sure the terms and conditions are final and binding, and in their client’s best interests.
At the time of property purchase, your lawyer will help with preparing the paperwork and the necessary forms, writing title insurance policies, completing title searches on the property, and managing the transfer of funds. They’ll also help you resolve real estate disputes, if any.
Utah real estate lawyers also represent buyers/sellers if a dispute goes to trial. They talk to both parties, get the facts, and help them resolve the dispute mutually. The services of a surveyor or title company may also be engaged for this.
5 Things to Consider When Looking for a Real Estate Lawyer
1. Enquire about Their Experience
Because a real estate attorney does the crucial job of preparing and/or reviewing documents and agreements, it’s important that they’re experienced in this area. The lack of experience can mean that your lawyer won’t know what terms to include in the contract and how to identify the red flags in the fine print.
So, hire a lawyer with a solid and proven background in handling matters related to Utah real estate law. Working with a lawyer from a different field will serve no purpose.
Your attorney’s experience matters a great deal because it’ll give them (and you) the confidence to deal with any potential impediments. After all, it isn’t uncommon for real estate transactions to go wrong. Failed disclosures, disputes over deposits, the lack of transparency, and so on can cause various obstacles.
If your lawyer has tackled these kinds of issues before, they’ll know how to anticipate potential hindrances, and work proactively to avoid them from the get-go. In other words, they’ll protect your rights from the very beginning.
2. Ask Important Questions
Most real estate lawyers in Utah claim to be the best attorneys in town, but can they prove it? Attorneys who’re actually worth their salt will have no trouble answering your questions. So, gauge them by asking them a few critical questions about their practice and how they help clients. If you’re satisfied with their response and feel confident of their skills, you should certainly hire them.
Here’s what you need to ask:
- What qualifications do you possess?
- How long have you been practicing real estate law in Utah?
- Have you previously worked with clients in a situation like mine?
- How many real estate agreements have you created and/or reviewed in Utah?
- How much input will you provide in the documentation?
- Do you foresee any obstacles in my situation? What are they and how can you help me?
- What are your legal fees like?
Do you recommend I retain an attorney for my situation?
3. Are They Willing to Give Your Case Time and Effort?
Your real estate lawyer needs to be proactive in handling your matter. That’s because their active involvement is key to the outcome of your case.
Some lawyers try to minimize their role in their client’s matters. In fact, certain unscrupulous attorneys charge fees for an experienced lawyer, but have another member of their team create the real estate contract.
Before you hire a real estate lawyer, ask them about how much time and effort they’ll dedicate to your case. Will any task be delegated to other team members? If yes, request for details.
While your lawyer will delegate certain small tasks to their associates, it boils down to what you’re comfortable with. As far as possible, try to find an attorney who can assure you that they’ll be actively involved in your case and help you obtain positive outcomes.
4. Can You Trust the Real Estate Attorney?
Different people have different legal needs at different points in time. This applies to real estate too. For instance, you may be interested in buying property at the moment, but you might want to sell it after a few years.
Whether you’re buying or selling a home, you should have a residential real estate lawyer in your corner to manage the process. It’s important that you find an attorney who can be trusted to see large monetary transactions through.
5. Begin Your Search Early
When it comes to real estate matters, it’s always a good idea to involve your attorney from the start of the process. Try to find a real estate lawyer early on so you can get their help with avoiding any impending obstacles.
As mentioned, real estate disputes can be of several types. From boundary disputes to challenges in leasing property, your real estate lawyer can prepare you to face them head-on through the right legal means.
During your initial consultation with the lawyer, discuss your goals and see what they have to say. They’ll help you make the process as smooth as possible.
Get Dependable Legal Assistance with Your Real Estate-Related Matters
As experienced Utah real estate lawyers, we understand that owning a residential or commercial property is a decision that’s often an emotional one. Having a proven real estate attorney in your corner can be of great help.
The right lawyer will act in your best interests, help you navigate the complex Utah real estate laws, and advocate on your behalf. Hence, it’s crucial that you find an attorney you can count on.
The team at Henriksen & Henriksen is here to answer any questions you may have about Utah real estate law, including contracts, leases, evictions, disputes, or any other situation. Feel free to call us at (801) 521-4145 or fill out our online contact form to schedule a free consultation.