How to Be Real Estate Attorney - Job Description, Skills, and Interview Questions

Aug 8, 2022 / 6 Minutes Read / By Albert

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The increasing cost of real estate has caused demand for real estate attorneys to rise. With the complexity of the real estate market and the laws controlling it, consulting a real estate attorney is often necessary when buying or selling a property. The attorney can help protect buyers and sellers from potential legal issues and advise them on how to properly purchase or sell a home, handle mortgages, resolve disputes, and draft contracts. An experienced real estate attorney can also provide valuable guidance to lenders, developers, and investors to ensure compliance with state and local regulations.

Steps How to Become

Obtain a Bachelor's Degree. Obtaining at least a bachelor's degree is the first step to becoming a real estate attorney. Relevant degree programs include pre-law, political science, or public administration.
Take the Law School Admission Test (LSAT). The LSAT is a standardized test used by law schools to assess applicants. It tests a student's knowledge and skills related to reading comprehension, analytical reasoning, and logical reasoning.
Apply to Law School. After taking the LSAT, prospective real estate attorneys must apply to an accredited law school. During the application process, applicants will provide transcripts, letters of recommendation, a resume, and a personal statement.
Earn a Juris Doctor Degree. In order to become a real estate attorney, students must earn a Juris Doctor (JD) degree from an accredited law school. The JD program typically takes three years to complete and involves coursework on topics such as constitutional law, contracts, torts, civil procedure, criminal law, and more.
Pass the Bar Exam. After graduating from law school, aspiring real estate attorneys must pass their state's bar exam to become licensed to practice law. The bar exam is administered by each state and is usually composed of multiple-choice questions and essay questions covering various areas of law.
Get Experience in Real Estate Law. Once an attorney has passed the bar exam, they can begin to practice real estate law in their state. It is important for attorneys to gain experience in real estate law before they can specialize in it. This may include working at a law firm that specializes in real estate or volunteering with organizations that specialize in real estate law.
Consider Certification. Some states offer certification for attorneys who have extensive experience in real estate law. Attorneys who are certified in their state are considered experts in the field and can offer specialized services to their clients.

Real estate attorneys possess a variety of skills and capabilities that can be invaluable to their clients. Their expertise in legal issues, especially related to real estate, enables them to assess the risks associated with a deal and develop strategies to protect their clients' interests. Furthermore, they are knowledgeable about industry trends, market conditions, and local laws, which can help them secure the best possible outcome for their clients.

With their deep understanding of the nuances of real estate law, real estate attorneys can effectively advise their clients on how to avoid costly litigation and disputes. Finally, their ability to negotiate complex contracts and mediate disputes allows them to effectively represent their clients in court and protect their rights.

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Job Description

Draft and review real estate contracts, leases, and other documents.
Represent clients at closings, title examinations, and hearings.
Negotiate terms of real estate transactions.
Research zoning regulations, title records, and other legal matters.
Prepare legal opinions, closing statements, and title documents.
Advise clients on real estate laws, regulations, and compliance requirements.
Manage and oversee all aspects of complex real estate transactions.
Resolve disputes between buyers, sellers, landlords, and tenants.
Monitor changes in real estate laws and regulations.
Develop strategies to minimize financial losses for clients.

Skills and Competencies to Have

Knowledge of Real Estate Law
Knowledge of Contract Law
Knowledge of Title Searches and Closings
Ability to Negotiate Real Estate Contracts
Ability to Draft Legal Documents
Understanding of Taxation Laws
Ability to Interpret Complex Regulations
Excellent Communication Skills
Proficient in Computer Applications
Good Analytical and Problem-Solving Skills

The ability to effectively communicate is the most important skill for a Real Estate Attorney. Without it, attorneys would be unable to effectively explain legal concepts and options to clients, negotiate contracts, understand the complexities of the real estate market, and provide competent legal advice. Communication skills are also essential for developing relationships with other professionals in the real estate industry, such as title companies, lenders, appraisers, and surveyors.

Furthermore, clear communication is key for ensuring that all parties involved in a transaction fully understand the legal documents and agreements. Real estate attorneys must be able to keep up-to-date with changes in the law, understand the nuances of real estate law, and successfully represent their clients interests. Without strong communication skills, a real estate attorney cannot effectively work to achieve their clients desired outcomes.

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Frequent Interview Questions

What experience do you have in real estate law?
How have you advised clients on real estate transactions?
What strategies do you use to negotiate real estate contracts?
What real estate legal issues have you dealt with in the past?
What strategies do you employ when handling real estate disputes?
How do you stay up to date on changes in local and state real estate laws?
How would you handle a client who is struggling to make payments on their mortgage?
How would you handle a dispute between two parties over a piece of real estate?
What methods do you use to ensure that real estate transactions are handled properly and legally?
What advice would you give to clients before they enter into a real estate contract?

Common Tools in Industry

Contract Drafting Software. Software used to create and review contracts, with templates and automated legal forms (eg: Zegal).
Document Management Software. A system used to store, organize, secure, and share documents (eg: Dropbox).
Transaction Management Software. A tool used to manage and track the progress of real estate transactions (eg: Datacap).
eSignature Software. Software used to electronically sign documents (eg: Adobe Sign).
Title Search Software. A tool used to search for titles, deeds, and other related records (eg: Data Trace).
Online Research Tools. A platform for legal research, such as searching for case law and statutes (eg: Westlaw).
Practice Management Software. Software used to automate processes and manage client data (eg: Clio).
Accounting Software. A system used to track finances and generate reports (eg: QuickBooks).
Cloud Storage Services. A secure online storage system that allows users to access data from anywhere (eg: Box).

Professional Organizations to Know

American Bar Association
National Association of Realtors
American College of Real Estate Lawyers
Association of Real Estate License Law Officials
International Real Estate Lawyers Association
American Academy of Real Estate Attorneys
Real Property Section of the American Bar Association
National Association of Real Estate Brokers
National Association of Real Estate Investment Trusts
International Council of Shopping Centers

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Common Important Terms

Real Property Law. The legal field dealing with the rights and interests of people in real estate, such as owning, leasing, and developing land.
Zoning Regulations. Laws that determine what type of buildings can be built in certain areas, to ensure the safety and well-being of the community.
Title Search. The process of researching legal records related to a property to determine who owns it and any interests or encumbrances associated with it.
Contract Law. The legal field dealing with the enforcement and interpretation of contracts.
Landlord-Tenant Law. The legal field dealing with the rights and obligations between landlords and tenants.
Land Use Planning. An interdisciplinary and comprehensive approach to the planning and management of land resources.
Foreclosure Law. The legal field dealing with the process of taking back property from a borrower who has defaulted on their mortgage payments.
Tax Law. The legal field dealing with the collection and assessment of taxes.
Estate Planning. The process of planning for the transfer of wealth after death, including tax planning, asset protection, and other related areas.

Frequently Asked Questions

What is a real estate attorney?

A real estate attorney is a professional who specializes in legal matters related to real estate transactions and disputes. They can provide legal advice and help with drafting contracts, negotiating deals, resolving disputes, and managing other legal matters related to buying, selling, leasing, and transferring real estate.

What does a real estate attorney do?

A real estate attorney can provide legal advice and help with drafting contracts, negotiating deals, resolving disputes, and managing other legal matters related to buying, selling, leasing, and transferring real estate. They can also assist with title issues, zoning regulations, environmental compliance, mortgage financing, landlord-tenant disputes, and foreclosure proceedings.

What is the cost of hiring a real estate attorney?

The cost of hiring a real estate attorney varies depending on the complexity of the transaction and the specific services needed. Generally, attorneys will charge an hourly rate or a flat fee for their services.

What is a title search?

A title search is a process used to determine the legal ownership of a property. It is typically conducted by a real estate attorney or title company to ensure that the seller has clear title to the property and that there are no liens or encumbrances on the property that could affect the transfer of ownership.

What is an escrow account?

An escrow account is a trust account managed by a third party (usually a real estate attorney or title company) that holds funds in anticipation of a real estate transaction. The money is held in escrow until all the conditions of the sale have been met and the transaction can be completed.