Real estate lawyers: A basic guide to real estate law

The process of buying and selling a property is the operation for excellence in real estate law, and to ensure that everything is correct and a dream comes true, the intervention of an actor is highly recommended: the real estate lawyer.

You may be wondering why you need a lawyer who is an expert in real estate law, if both buyer and seller agree on the sale and its conditions. Here is the answer:

What does a real estate lawyer do?

A real estate lawyer is a jurist in the field of real estate law, specialised in civil law, mortgage law and town planning law (administrative law). Their knowledge helps and advises you in all matters related to the acquisition of a property, namely: buying and selling, renting, inheritance, evictions, construction, community of neighbours, drawing up contracts, preparing signatures at the notary’s office and assistance in disputes that may arise in these matters. Yes, everything you may need.

What types of real estate lawyers are there?

Even though there are two types of Lawyers specialised in Real Estate Law, we can say that there are two types of Lawyers specialised in Real Estate Law:

• Commercial Law Lawyer: expert in those estates and properties that generate profits for the owner. They deal with all legal aspects of buying and selling commercial property. Clients can be from all sectors, such as farmers, hotel owners and charities.
• Personal property lawyer: a professional with knowledge of those legal transactions that are only intended for the use and enjoyment of the client, without profit.

When should I hire a real estate lawyer?

We recommend hiring a lawyer to accompany you in the adventure of buying or selling a house from the very first moment you have the intention to do so.

Why? Because from minute one he/she will know the legal and fiscal implications of your intentions, and so you will be able to make the right decision with full awareness of all the details and consequences of your illusion. He will be able to save you future problems, and simplify procedures, in order to draw you the whole route, in a comfortable way, of the whole operation.

Advantages of hiring a lawyer who is an expert in real estate law

Hiring a Lawyer in Real Estate Law, from the very first moment, can give you the following advantages:

1. Availability: the Lawyer will put his contact information and data to find the property you are most interested in, in the best conditions, with a focused attention to your person.
2. Security: He will process all the necessary documentation for the operation, so that the legality of the operation is guaranteed, without risks and fraud.
3. Accompaniment: We will accompany you throughout the whole procedure, so that you can know, see and understand the content of all the contracts (deposit contract, the contract with the real estate agency, the binding offer from the Bank and the mortgage deeds, if applicable) and their legal consequences.

Specifically, how can a lawyer help me as a seller?

A Lawyer assures the seller:

• The verification of the buyer’s solvency, in order to secure the purchase price.
• Ensuring the signing of a deposit contract, as a guarantee and commitment to sell.
• Understanding the contracts that may exist with possible intermediaries (e.g. a real estate agent).

And how does a lawyer help the buyer?

From the buyer’s point of view, the lawyer is especially relevant for the following reasons:

• To ensure that the property to be purchased does not have any encumbrances or hidden defects.
• To check the ownership and encumbrances of the property: to make sure that the seller is the true and sole owner.
• In the same way as the seller, it helps to understand the contracts that may arise with other professionals in the buying and selling process.

In conclusion, buying or selling a property is a big decision that a person makes, and important decisions must be accompanied by the best professionals to ensure their success, and to make the procedure comfortable, calm and smooth. At Bufete Frau we are Specialist in Real estate Law, if you have any question you can contact Us or read our service section.