There are many different reasons why there is a need for a real estate attorney. You do not necessarily have to be involved with any lawsuit to gain something from a qualified real estate attorney. The attorney’s can provide counsel and assistance in various forms.

In a real estate closing, they can protect you from costly mistakes, possible documentation errors, errors in the figures and other problems that could lead to legal action or other expensive legal proceeding. An attorney can also help you keep your property out of probate court by setting up a living trust for you to pass your property directly to your intended heirs.

Aside from the above, an attorney can help in the following areas.

Real estate transactions
This relates to representation, litigation, consultation and negotiation of mortgages, mortgage re-financing, reverse mortgages, 1031 tax-deferred exchanges, residential purchase and sale agreements, commercial purchase and sale agreements, residential leases, and commercial leases (e.g., office, medical building, restaurant, industrial property, or shopping center).

Real estate disputes
This includes disputes over adverse possession, prescriptive easements, eminent domain, condemnation, property taxes, title and boundaries, views, trees, branches, party walls, fences, as well as nuisance, trespass and encroachment, as well as sale disputes (e.g., breach of contract, specific performance, non-disclosure, fraud or misrepresentation).

Real estate broker issues
This includes claims against and defense of real estate brokers and agents including negligence, fraud/misrepresentation, breach of fiduciary duty, disclosure obligations.

Construction defects and mechanic's lien
This includes disputes that owners, builders and contractors may have in regard to construction disputes, construction defects and claims, as well as construction accident claims.

Land use and zoning matters
This includes representation of property owners before governmental entities (cities, counties, zoning boards, design review boards) relating to land use applications, permits variances, zoning exceptions, design review approvals, and special use permits, as well as common interest communities, including interpretation and enforcement of Covenants and Conditions & Restrictions (CC&R's).