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Troutman Real Estate Attorney

Hiring a Troutman real estate lawyer at the beginning of your buying or selling process can be a valuable resource for any North Carolina resident considering a real estate transaction. Real estate transactions are often complex. The signings can be long, and a considerable amount of legal documentation must be in place for a smooth closing.

In North Carolina, it is required to have a licensed real estate attorney handle real estate closings. Having a trusted legal professional on your side who is looking out for your interests from the start can save you valuable time and money.

What a Real Estate Attorney Can Do for You

A real estate attorney can help you with several different aspects of the real estate transaction. Some of the many services an attorney can help with include:

  • Reviewing or drafting the contract. The contract is a vital piece of every real estate transaction. A purchase transaction, lease agreement, or financing agreement could be a part of every transaction, and they should be reviewed by a qualified attorney to ensure accuracy.
  • Title searches. An attorney can conduct title and lien searches on the subject property. This ensures you’re getting a clean title. It’s not uncommon for people to wait until the end of the transaction to conduct the title search only to discover issues. Depending on the issue, this can either hold up or cancel the transaction.
  • Negotiation. A good attorney can help negotiate all the terms of the contract, including the price, payment, and any other relevant factors.

How Estate Planning Factors Into Real Estate

Oftentimes, an estate plan is used to ensure that property is distributed to the right family members. This can be done through a few different methods.

  • Wills. A will is a legal document that outlines how the ownership of a property will be passed on once the current owner dies. For example, if you own a home or a piece of commercial real estate, a real estate attorney can be helpful in creating a will that designates who will receive the property after your death and ensure that all the documentation is in place for a smooth transaction.
  • Trusts. Trusts are another great way to ensure your property transfers to your designee upon your death. Not only are they effective estate planning tools, but they offer privacy and simplicity when incorporating real estate into your estate plan.

FAQs

Q: Do You Need a Lawyer to Sell a House in North Carolina?

A: Yes, you need a real estate lawyer to sell a house in North Carolina. North Carolina is one of the many states that require real estate attorneys to be involved in the real estate closing of residential and commercial properties. The primary role of the attorney is to ensure all legal documentation is completed appropriately. It is recommended that you have an attorney with your interests in mind at the time of closing.

Q: What Is a Power of Attorney in North Carolina for Real Estate Closing?

A: A power of attorney for a real estate closing in North Carolina is a legal document that permits someone to act on behalf of another person. It can be used in real estate transactions when the principal cannot attend the physical closing or sign the necessary documentation. A power of attorney gives an agent or even the attorney the authority to sign on behalf of the principal. The power of attorney must be notarized to be effective.

Q: Can You Negotiate Realtor Fees in North Carolina?

A: Yes, you can absolutely negotiate realtor fees in North Carolina. It is actually recommended that you negotiate the fees to ensure you’re getting a fair deal. Remember that realtors often set their own fees, so it can be helpful to shop around and negotiate with multiple realtors to get a good deal. Also, remember to be respectful during the negotiation and try to strike a deal that’s beneficial to both yourself and the realtor. The lowest fee isn’t always the right deal.

Q: Who Regulates Real Estate Laws in North Carolina?

A: Real estate laws in North Carolina are regulated by multiple entities. One important entity is the North Carolina Real Estate Commission. The commission is responsible for regulating licensed real estate professionals and ensuring they’re in compliance with North Carolina real estate laws. It also sets the standard for professional competence and ethical conduct within the industry. The North Carolina Department of Justice also plays a role in prosecuting and enforcing state real estate laws.

Q: What’s the Difference Between a Real Estate Attorney and a Realtor in North Carolina?

A: In North Carolina, a real estate attorney and a realtor can provide different services depending on the needs of the client. Real estate attorneys focus on the legal aspects of the real estate transaction, while realtors focus on helping people buy or sell their properties. Attorneys can conduct title searches, review contracts and loan documents, and record deeds, among other things. Realtors typically help with marketing properties, determining fair prices, and submitting offers for properties.

Legal Guidance When You Need It

If you have any questions related to your real estate transaction, you may need to speak with an attorney. While it can be helpful to have a realtor on hand, there are some things that a realtor may not know. An experienced attorney can answer the complex questions you may have about real estate litigation. They can keep up with the latest laws and regulations regarding real estate in North Carolina.

At Thomas & Webber, our legal team can be the trusted resource you need to guide you through the process of buying and selling real estate. Whether you need help with the transaction or you have questions on how real estate can fit into your estate plan, you should speak with a qualified lawyer. If you plan on completing a real estate transaction, don’t do it alone; get the legal support you deserve. Contact us today to see how our team can support you.

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