Real Estate Lawyers - OlympianCares.com

Helping Homeowners Evaluate Attorneys Since 1991 -Olympian Home Services

Other Home Related Professional Services

real estate attorney

Quality Work Throughout New York and New Jersey
Manhattan, Brooklyn, Queens, Bronx, Staten Island, New York, NY, Nassau County, Long Island, Westchester County & Yonkers
Licensed & Bonded General Contractors

Mortgage Help, Tips and Advice

Real Estate Tips and Advice

Choosing The Right Real Estate Attorney

Finding a real estate attorney that is right for you is like choosing a doctor – there are many specialties in real estate law as there are different types of doctors. First, you need to determine the expertise you are looking for and then go through the process of finding one that fits your needs, your budget and one that you can effectively communicate with.

Like doctors, real estate lawyers usually specialize in one area of the law so if you hired them for an area that they are not experienced in, you might not get the best service that you are looking for. Types of real estate law include industrial, commercial, residential, landlord, tenant, environmental, and construction to name a few. These types are then broken down further with attorneys who handle contracts or leases being referred to as transactional attorneys while those who are litigators are the ones who will handle a lawsuit for you if you are being sued or want to bring suit against someone else. Still others might specialize in class action suits rather than individual cases and might handle a case against a homeowners association for example.

If you are looking for a real estate attorney, it is important to get the right one as the reason very likely involves a significant asset like your home or a business. Also if you speak little English you might need a lawyer that can speak another language so that you can easily communicate and understand fully all the legal ramifications of your issue. Real estate law can cover issues such as commercial leasing, neighbor or pet problems, foreclosures, mortgages, homeowners association law, property financing that includes deeds or mortgages, relations between owners who own property together or relations between owners and tenants.

So where do you start to look for a real estate lawyer that will be the right one for you? Here are some suggestions: Ask friends, family or co-workers if they have ever needed this type of attorney and if they have any recommendations. If you know an attorney who is not in real estate law, ask if they have a referral or can make a recommendation. You can also contact the state bar association for recommendations in your area and look online for real estate lawyers. Contact local real estate brokers for referrals.

Once you have some referrals, you need to interview at least three to four to see if they are the type of attorney required. Check the internet for any references to this person and see if you can find any feedback – good or bad – that will help you to make your decision. Ask for a list of clients that have been served by this attorney with similar types of problems. If possible, you should contact these people for references to ensure that they were satisfied with the representation.

When you meet with the attorney be prepared that they will require a lot of information that will be personal so that he can get a clear understanding of the issues you are dealing with and the reasons for your need for an attorney. Whether or not your attorney asked for it before you meet, it is important that you come to the meeting prepared with any documentation that will support or validate your issues.

If you are an owner of the property, you need to bright the deed, mortgage information, purchase and escrow agreements, loan documents, title, insurance policies, promissory notes or any other legal documents related to the purchase of this property. Likewise if you are a tenant who is leasing a property, you need to bring your lease and any other documents particularly ones that you have signed. If you are in default on payments, you show bring bank statements or canceled checks to show what has been paid as well as foreclosure or other documents received. If there is correspondence that pertains to the matter that should be included as well as any documentation regarding other individuals involved in the matter. All names, addresses, phone numbers or other contact information or account numbers should be provided at the meeting. If photographs will help to showcase the situation such as property deterioration that will substantiate your case you should include them as well. Dates are essential to establish the timing of events.

Some questions that can be asked depending on the situation include:

Have you handled this type of case before – if so, how many? How successfully?
How long will it take to prepare a contract?
How long will it take if we go to court?
Do I have a good case?
What are your rates? Do you charge by the hour or is a contingency fee possible? What do you think the total bill will be?
Will you personally be handling my case or will someone else? If someone else, Can I meet him/her?
Do you foresee any problems with my case?
Are there other alternatives to a lawsuit? Is it possible to settle this out of court?
Is there a chance for arbitration or mediation?
Will you keep me up to date on progress?

Each case and situation is different so the questions will depend on whether you just want someone to review a contract or draw one up for you or you want to bring a suit against a tenant or some other litigious matter. Before you sign an agreement with an attorney you should clearly understand what his fees are and what is included in the agreement you are signing. You should ensure that you understand exactly what the services are and how long it is going to take. Whether your need for an attorney is just to have a legal opinion on a contract or it is for something much larger like a dispute between a landlord and a tenant, you want to be sure that you get the best representation for the problem so take the time to find the attorney that is right for you.

What Are Your Real Estate Attorney’s Responsibilities To You?

The purchase of property is one of the most significant transactions that people do today and usually involves a majority of a person’s assets. When this asset is threatened by a lawsuit or vandalism or breach of contract from a tenant, you turn to a real estate attorney to help you to rectify the situation and reestablish the security of your assets. Real estate attorneys can specialize in various facets of real estate such as residential, commercial, landlord, tenant, homeowners association or condominium law. Each carries its own areas of expertise and when you need someone to assist you with a problem you turn to someone who is an expert in that specialty.

Finding the right attorney is difficult and once you do, you are putting your faith in this individual to resolve your issue satisfactorily. When you hire an attorney you sign a contract that states your rights as a client and the responsibilities of the attorney in his representation of you. You should not sign this document unless or until you completely understand what services the attorney is going to perform for you.

Hiring an attorney means that you need to work with that individual and/or other staff members such as assistants, junior lawyers, consultants, accountants or other people involved in your case. Each person is responsible for communicating effectively – including you. That is one reason it is essential that you hire an attorney that you feel comfortable with and that you can discuss your case or any related matters with easily. If you are at all uncomfortable with the attorney or do not disclose all pertinent information that might affect your case, then your attorney cannot be expected to handle your case efficiently and effectively.

It is also important to know that your attorney is on the same page as you – in other words, the attorney’s goals and your goals are the same. Does he clearly understand your case and our expectations from the case and any possible outcomes? How long will it take? Can we mediate or arbitrate or reach an amicable settlement or do we need to go to trial? You need to be absolutely sure that the attorney is doing what you want – not what he suggests.

You need to understand fully how this attorney works – does he return phone calls promptly or at all? Does he know how to contact you – at home, at work, on your cell phone? Does he respond to email? Will others be working on the case and will they generally be your contacts? Can the attorney be contacted in case of an emergency on the weekend or evening? How does he bill and what do his bills include? Does he charge for phone calls?

All attorneys are subject to professional ethics and rules of conduct that have been established by the state bar association in which the attorney practices and these rules can vary by state but have the same basic rules that must be followed. These standards generally maintain the responsibilities of the attorney to include:

Maintaining confidentiality of the case meaning that all communication with your attorney is privileged unless you give permission to give information to another.
Keeping you informed of progress of your legal issues and what work is being done and how it is being handled.
Informing you in a timely manner of any complications or obstacles that have arisen in the case.
Analyzing and applying knowledge of law that pertains to your case in a competent manner.
Following your instructions as long as he represents you unless it is illegal to do so.
No conflict of interest – for example representing you as a landlord at the same time as he is representing the tenant.
Your personal property must be kept separate from his personal property – as in an escrow account money must be in a different account and not comingled with his.
Personal relationships with a client are prohibited in some states or jurisdictions.

When an attorney is delinquent in any of these areas, be sure to look at all the facts and be sure that you have been completely honest and truthful with your attorney and that you have cooperated fully to provide him with all the necessary information he needs to handle your case. Have his legal bills been paid or is there a problem with your inaction? If you have missed meetings or failed to show up for a hearing or other legal proceedings then there could be some issues that your attorney has with you as well and might be contributing to his action or inaction.

If your attorney fails to meet any of these obligations, you should immediately discuss the issue with him. If you are not successful in remedying the situation or think that the matter is serious enough you can take further action by bringing charges against him with the bar association. Failure to abide by these ethical rules of conduct could lead to disciplinary action up to and including disbarment. If the charges are criminal in nature, you can also take action for malpractice.

Malpractice is a big step and usually happens when an attorney has failed to provide the services that were requested or the services were performed so poorly that the client suffered further consequences, i.e. loss or damages due to negligence or the dissatisfactory service rendered. Feeling that you did not get good or adequate service from an attorney and trying to prove that you are a victim of malpractice is a major hurtle. If you are unhappy with the results of a trial doesn’t necessarily mean that the verdict would have been different if you had a different attorney. If you have actual criminal proof that your attorney mishandled escrow funds or physical evidence, your case for malpractice will be more readily accepted.

The best way to ensure that you get the most from your real estate attorney is to be honest and up front with him and to find one that you can effectively communicate with – then you will not have any problems.

Google Earth users can find our locations using these KML map files: New York Remodeling, Brooklyn Remodeling, Queens Remodeling,
Staten Island Remodeling as well as our head office for Brooklyn building inspection services.
Google Earth users can also check on our newest locations and specialty departments by using these KML map files:
Manhattan home inspection, Queens home inspection, Staten Island home inspection, Queens renovation and remodeling, Queens bathroom and kitchen remodeling, Manhattan bathrooms, Manhattan kitchens, Manhattan kitchen and bathroom designers.
Olympian makes it easy for everyone to reach us using Google Earth, Google Places, by phone, by web or by mail. Feel free to contact us at any time.

Visit the Home Remodeling and Home Improvement Inspection Tips and Advice Article Library

Home Improvement, Home Remodeling and Home Inspection, Condo Inspection

Helping Homeowners Evaluate Attorneys Since 1991 -Olympian Home Services

RESIDENTIAL - COMMERCIAL - FIND A GREAT REAL ESTATE LAWYER FAST AND EASY

888.306.5868

It's Your Home!!!

Mobile Site
http://OlympianCares.mobi