Saturday, January 18, 2020

The Increased Likelihood of Getting into a Motorcycle Accident

In California, you are 28 times more likely to be in a motorcycle accident than any other motor vehicle accident. This is even much more common in South California, where motorcycle fatalities and deaths increase. Why Motorcycles have a higher probability of traffic accidents  There are many reasons and factors that increase the likelihood of…

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Wednesday, August 14, 2019

5 Things Your Real Estate Attorney Wishes You Knew

Real estate attorneys aren't always the most popular people on the block. Hey, I'm a lawyer, so I fully appreciate why some people don't like us. We're expensive, we're often difficult to get a hold of, and when we do call you back, we don't always tell you what you want to hear. Sometimes, we can be the harbinger of some pretty bad news all around. But the fact is, your real estate attorney does have your best interests at heart (we're ethically required to), and having one at your side can actually make buying or selling a home go much more smoothly.

But you also need to understand a few things about what we do. From things I've seen in my own practice, and from conversations I've had with other real estate lawyers, here are five things your lawyer wishes you knew—before you ever even contact them. Your own legal eagle may not clue you in to these matters, but we're here to give you the inside scoop. And we're waiving the hourly fee!

1. Don't wait to call a real estate attorney


A common question I get from prospective clients is, “I signed a contract, and I want to get out of it. What can you do for me?" Or, “A court entered a judgment against me six months ago, and now I want it to go away. What can I do to avoid paying it?"

In either case, my response is “Not much."

I should have been involved before the problem came up, not after. This is simple reality—and it's often ignored.

I get it: A good real estate attorney is probably going to run a couple of thousand dollars. (It could be more or less depending on the circumstances of the transaction.) You might cringe at your mounting home-buying costs, but let's look at the flip side: You purchase a home without hiring an attorney, and let's just say, for instance, that a tax lien goes undiscovered. You're now the owner of the home and on the hook for several thousand dollars in old tax debt, and you risk possible foreclosure.

That's a very big, very expensive headache, and now you're definitely going to need a lawyer to sort it out. And all of it could have been easily avoided by making that call upfront to a real estate attorney. We cost money, but we save you money.

2. But make sure to hire a real estate attorney

This seems like common sense, but it's still a frequent mistake that home buyers make. Your frat house pal from college might be an outstanding criminal defense attorney in Illinois, and he might even be licensed in multiple adjoining states. But that doesn't mean he knows the first thing about real estate closings in Indiana.

Far too often, home buyers will go with attorneys they know or are recommended by friends, regardless of said attorney's specific area of expertise. Real estate law is complex—and getting more so—and laws and customs can vary widely from state to state, so it's critical to go with an attorney who has experience with real estate law in the area in which you're looking to buy. Often, finding the right attorney can be as simple as researching him or her on Google. Do it.

3. Attorneys can do things real estate agents can't

Some states require that an attorney be involved in a real estate closing, while other states let real estate agents prepare purchase contracts without any involvement from attorneys. Typically the buyer pays for a real estate attorney.

In most cases, an attorney is going to act more like a referee, ensuring that everything follows the law. But if you 're looking to add unusual terms to a purchase agreement, or if you're worried about a specific legal issue, an attorney can provide legal advice that a real estate agent can't. If your impending deal includes even a whiff of beyond-the-ordinary complexity, make sure to have a lawyer present, regardless of whether it's mandated by the law. Please.