Top five questions to ask your real estate attorney - by Elizabeth Barletta

March 01, 2024 - Front Section
Elizabeth Barletta

In the same way a wedding planner reduces the stress of planning a major life event, choosing an experienced real estate attorney can provide peace of mind during the process of buying or selling your home. As a buyer or seller, it is imperative that you vet any real estate attorney before hiring them. Ask them questions to gauge how they work, and how they’ll contribute to a seamless transaction. 

1. Is real estate law the focus of your practice or do you practice in other areas as well?
Buying a home is one of the largest purchases most people will make in their lifetime. You want an attorney whose practice is exclusively, or almost exclusively, real estate. Real estate transactions are a highly complex and unique area of law, so having someone well-versed in the law and process will make all the difference in your experience. Ideally, for home-buying, you will also want to find an attorney who specializes in residential real estate. 

2. What is your experience with transactions similar to mine? What is your reputation? 
While having an attorney who specializes in real estate is vital, you should also be confident that they’ve handled multiple matters and transactions similar to yours. Ask about and research the attorney’s depth of experience and ask for references and matter examples. You may also want to look at client testimonials, Google reviews, and it is wise to find out if your attorney handles the specific matters relevant to your transaction. 

3. Do you work with a team/firm or are you a sole practitioner? 
Knowing if your attorney is a solo practitioner or part of a team will help you understand the level of service and bench strength you are hiring. A sole practitioner may be able to offer you a single point of contact, but it’s possible their resources and expertise will be limited. While there are many great solo practitioners, their timeliness and level of service may not be up to par with what a boutique or larger firm can accommodate. 

4. How do you communicate with clients? Will you be the main point of contact throughout the transaction? 
Every real estate attorney will communicate differently, and if they’re great at what they do, they’ll specifically tailor that communication to their clients’ wants and needs. Some clients, like first-time homebuyers, prefer to have frequent communication and explanations through every step of the process. Other clients prefer a more “as-needed” approach with communication limited to when they absolutely need to be updated on something. Regardless of which type of communication you’re looking for, it’s worth voicing this to your attorney and asking how, and how often, they typically communicate. 

Another important factor to discuss is how your real estate attorney will keep your information secure. You should be confident that your real estate attorney adheres to the top security and privacy standards in the industry so that your information is kept safe. 

5. How much does it cost to hire a real estate attorney? 
Attorney fees can vary widely depending on experience level, reputation, the complexity of the transaction, and location. It is best to discuss fees upfront with your attorney and ensure you sign an engagement letter. This document explains the nature of the relationship between the client and attorney, the scope of work, and the fee structure. 

If you are considering purchasing real estate, prioritize finding the best real estate attorney to represent you and guide you through your transaction. A seasoned real estate attorney can ease the stress of this significant financial decision and protect you from any legal issues that may arise. 

Elizabeth Barletta is an attorney at Ligris, Newton, Mass.

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