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In order to become a real estate attorney, one must graduate from law school with a Juris Doctorate degree and pass the state bar exam. While working as an attorney, one can then gain further education and qualifications to allow them to specialize in real estate. Real estate attorneys earn an LL.M. in Real Estate. The LL.M. means Master of Laws. The Master of Laws program takes approximately one year if attending full time. Part-time students graduate in two years. Programs can be completed on campus, on line or a combination of both.
The LL.M. in Real Estate provides attorneys with specialized education on laws regulating real property transactions. Attorneys will learn about the financial, legal, business and policy issues regarding real estate transactions. Real estate law is not just for buying or selling homes. It involves the financing, building, zoning and developing of commercial properties. Attorneys will learn how to prepare real estate contracts and negotiate for the best deal for their clients.
Real estate attorneys are particularly helpful when building a new home. Attorneys can check zoning laws to make sure the land is in a residential zone. Local regulations may even dictate certain details of building the home as well as preparing the contract for purchasing the land. Having an attorney prepare the contract ensures that all details are covered, all laws are followed, and the homeowner's legal rights are protected. While building a home, a real estate attorney can assist new home owners with any legal disputes with contractors.
If someone owns and rents residential properties, he or she may encounter legal issues with tenants. Hiring a specialist in real estate law can assist a property owner who needs to evict a problem tenant. Laws regarding eviction vary from city to city and state to state.
If the renter and the property owner have a lease, there are conditions that both parties must follow. If a renter is not paying rent or is damaging the property, the property owner can take legal steps to remove the tenant. Since eviction is a legal process and certain laws must be obeyed, it makes sense to hire a real estate attorney.
Real estate attorneys can help property owners give proper notice to a tenant that they have a certain amount of time to resolve the issue before they will be evicted. If the tenant does not comply and the property owner wants to evict the tenant, the issue will go to court. The attorney will help the property owner present their case in court. If the judge rules in favor of the property owner, the judge will issue a writ of execution that gives the tenant a certain number of days to evacuate the premises.
Transactions involving the building, buying or selling of commercial property are complex and require the advice of a real estate attorney. Zoning laws must be followed. Sales contract terms must be legal, yet protect the rights of the client. Details of the sales contract must be clear to avoid a court battle in the future.
Whether building a new commercial property or renovating an existing property, agreements with contractors must be reviewed by real estate attorneys so that each party's responsibilities are made clear. For example, a price for services needs to be set. The terms of payment need to be determined. Details of the work to be performed by the contractor need to be included in the contract.
Local cities and states may each have their own association for real estate attorneys. Each association has its own member benefits. Typical benefits include being listed in a directory for real estate attorneys, updates on real estate laws and CLE training.
One of the national associations is called The American College of Real Estate Lawyers. This prestigious association is invitation only, andiIn order to be accepted as a member, one must be nationally recognized, have long term experience and practice the highest ethical standards. The association has live training, webinars, course books, DVDs, MP3s, periodicals and books available to its members to further their knowledge.
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