The Attorney’s Role in Residential and Commercial Real Estate Transactions

What is a real estate attorney’s role in the residential and commercial real estate transactions?

by Andrew Krantz

lawyer role, real estate transactionsAs a real estate attorney at Zager Fuchs in Shrewsbury, New Jersey, I’ve witnessed firsthand the critical role an attorney plays in navigating the complexities of both residential and commercial real estate transactions. While real estate agents are invaluable in guiding clients through the process, an attorney provides the essential legal expertise necessary to protect your interests and ensure a smooth closing.

The Attorney Role in Residential Real Estate Transactions

In residential real estate, the attorney’s role is multifaceted. We begin by carefully reviewing the contract of sale, identifying potential issues, and negotiating terms on behalf of our clients. This includes understanding and explaining complex legal jargon and ensuring that all necessary contingencies are in place to protect the buyer’s interests.

A crucial aspect of our role involves conducting a comprehensive title search. This involves examining public records to uncover any liens, judgments, or other encumbrances that could affect the property’s ownership. We also order title insurance to safeguard our clients from unforeseen title defects, providing an added layer of protection.

Once the contract has been finalized, we prepare the necessary closing documents, such as the deed, mortgage, and settlement statement. These documents outline the terms of the sale and transfer of ownership. We review these documents meticulously to ensure accuracy and compliance with all legal requirements.

Throughout the closing process, we represent our clients’ interests, answering questions, addressing concerns, and ensuring a smooth transaction. Our goal is to provide peace of mind and protect our clients from potential pitfalls.

The Attorney Role in Commercial Real Estate Transactions

Commercial real estate transactions are often more complex than residential deals, requiring specialized legal knowledge. As a commercial real estate attorney, I handle a wide range of matters, including lease negotiations, property acquisitions, and commercial financing.

In commercial transactions, due diligence is paramount. We conduct thorough property inspections, review environmental reports, and analyze zoning regulations. We also assess the financial health of the seller or landlord to mitigate potential risks.

Negotiating and drafting commercial leases is another critical area of our practice. We work closely with clients to develop lease terms that protect their interests, including provisions related to rent, term, use, and maintenance responsibilities.

For commercial property acquisitions, we handle the purchase agreement, title review, and closing process, similar to residential transactions. However, the complexities involved in commercial deals often require additional legal expertise, such as corporate law and tax considerations.

The Importance of Legal Counsel in Real Estate

Whether you’re buying your first home or investing in commercial real estate, having an experienced real estate attorney by your side is essential. We provide the legal expertise, protection, and guidance necessary to navigate the complexities of the real estate market. By understanding your goals and priorities, we can tailor our services to meet your specific needs.

Disclaimer: The information provided in this blog post is intended for general informational purposes only and does not constitute legal advice. Please consult with an attorney for advice regarding your specific situation.

Andrew Krantz is a real estate attorney at Zager Fuchs, a law firm located in New Jersey.