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Daily Archives: January 16, 2024

Why You Need a Real Estate Attorney on Your Investment Team

Why You Need a Real Estate Attorney on Your Investment Team

Thank you to BiggerPockets for this informative article.

A real estate attorney is required at closing in many states. Even if your state doesn’t demand that a real estate lawyer appear, having a legal professional representing your interests is usually a good idea.

When you’re investing in real estate, finding the right lawyer is essential. Your real estate attorney assists you in navigating every aspect of the process. If legal issues arise in real estate transactions, you have someone who knows real estate laws fighting for you.

What Is a Real Estate Attorney?

As with doctors, lawyers have their own areas of specialization. While some attorneys are generalists, when buying and selling property, you should hire a true real estate lawyer to advise you and protect your interests. Such an attorney is well-versed in property law concerning state laws.

If you are considering investing out of state, look for attorneys licensed to practice in other states.

What Does a Real Estate Attorney Do?

A real estate attorney represents you in all matters related to real estate law. Your real estate attorney’s role may include the following tasks:

Legal documents preparation

Even simple real estate transactions can involve substantial paperwork. More complicated situations only increase the sheer volume of legal documents.

For instance, a real estate lawyer arranges with a title company to conduct a title search. The property must have a clear title with no third-party claims. Once the title company provides a report, your real estate attorney reviews it and works with your mortgage lender or other relevant parties if any title issues exist.

Ensuring all legal documentation is correct is a primary role of real estate attorneys. Real estate is likely your biggest investment. Working with a licensed attorney is critical.


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Contract review

During the review process, your lawyer should catch any errors in closing and other documents involved in the real estate transaction. The start of the deal is the real estate contract.

Often, a real estate agent draws up the initial contract. Real estate lawyers must review the purchase contract carefully, as it sets forth the buyer and seller’s obligations. The attorney then drafts riders, also known as amendments, for their clients’ needs. These amendments may involve financing and appraisal contingencies, personal property included or excluded, and unique provisions affecting the property in question.

Dispute resolution

Real estate transactions don’t always run smoothly. Perhaps there is a lien on the property, a title issue, or a boundary question. Your real estate lawyer works to resolve these disputes so you can move forward with your real estate transaction.

Business formation

Using the right business formation for investment properties protects you from liability. Your real estate lawyer will work with you to determine whether an LLC, partnership, or some other type of business entity is best for your legal needs.

Financing and refinancing

 A real estate attorney may advise you on mortgage financing and when to refinance your mortgage loan. They may work with a mortgage lender or commercial real estate lender to help with financing.

Real estate attorneys also guide you on related legal matters, such as tax implications when selling property.

Equity and debt investment structures

Real estate lawyers assist clients in the structure and management of their equity and debt, focusing on maximizing their returns.

Drafting tenant leases

Your real estate lawyer should draft a strong lease agreement for tenants to avoid potential disputes. All parties benefit from a clear lease agreement that protects their interests.

You could simply use a boilerplate lease agreement and save some money as a landlord. That’s a penny-wise and pound-foolish, as a professional with a thorough knowledge of real estate law ensures your real property is as fully protected as the law allows.

Dealing with tenant complaints

When a tenant complains, you must know whether that complaint is legitimate according to the terms of the lease or applicable local, state, or federal law. Your lawyer will explain landlords’ and tenants’ legal rights and responsibilities and whether the complaint breaches the lease agreement.

The attorney will act to resolve the complaint before it escalates into costly litigation.

Property tax advice

Real property ownership means paying property taxes. Your current property taxes may not reflect the realities of the market. Your lawyer can advise you about filing a property tax appeal to fight an overvalued assessment.

Benefits of Partnering With a Real Estate Attorney

When you partner with a real estate attorney for your investment properties, they can handle virtually all of the process. That leaves you, as the investor, more time to concentrate on obtaining a good return on the investment.

If problems arise before, during, or after the purchase of a property, you can rely on your real estate lawyer to sort them out.

Real estate attorneys will advise you about backing out of a deal and avoiding a costly mistake.

The bottom line is that the real estate attorney you hire is always working to protect your best interests.

How Much Does a Real Estate Attorney Cost?

A real estate attorney’s services may be inexpensive, but remember, you get what you pay for. How much you can afford in legal fees is one of the first things you should determine when considering hiring a lawyer for your investment team.

A real estate lawyer may charge you hourly or flat rates. Remember that while a more experienced real estate attorney will charge higher fees, their expertise is worth it.

How To Find a Real Estate Attorney

You can always find a real estate attorney online. Googling is a great way to get started, but the goal is to find a good real estate lawyer, not an average attorney.

Your best bet is often asking for recommendations from those in the real estate industry, such as a real estate agent or fellow real estate investor. They know the best real estate attorneys in your area. Friends or family with real estate experience are another good source of advice.

Look for lawyers with experience in your particular field. For instance, if you’re investing in commercial property, look for attorneys specializing in that domain. Some real estate lawyers are generalists, doing whatever real estate work comes their way. Because the various realms of real estate investing are so different, these attorneys are more likely to make mistakes. They are not necessarily experts in real estate law.

Rather than go with a larger firm, check out smaller practices. You will work directly with one attorney rather than being delegated to less experienced associates at larger firms.

What To Ask a Real Estate Attorney

Conduct interviews before deciding on whom to hire as a real estate attorney. You seek a long-term professional advisor, so you must know exactly what to expect. Ask the following questions:

  • What is your fee schedule? Do you charge a flat fee or an hourly rate?
  • Where did you go to law school?
  • What is your experience with either residential, commercial, or industrial real estate investing?
  • How many real estate transactions have you closed?
  • Do you go to court regularly to handle evictions?
  • Do you have any potential conflicts of interest?

Save Money in the Long Run With a Real Estate Attorney

Legal fees aren’t cheap, but they are far less expensive than losing a property due to an avoidable legal problem. After all, real estate investing aims to maximize profits while reducing risks. The right real estate attorney helps to fulfill both objectives.

By hiring a real estate attorney as part of your investment team, you should save money over the long term.  That’s because the work of the attorney you hire can limit future problems.

Once a real estate attorney is hired, you have someone to advise you on every aspect of your investment strategy while protecting your interests. Smart investors know how valuable the services of a lawyer are when dealing with complicated legal matters pertaining to property.

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How to Clean Baseboards

Even if you spend hours washing the floor, dusting furniture, and vacuuming the nooks and crannies around your home, your home isn’t really clean until you attend to the grime, dust, and pet hair that has accumulated on the baseboards. Cleaning the trim around the floors in your home should be done at least seasonally. Because vacuuming, mopping, and other household chores stir up dust, you’ll want to save the baseboards for last if you don’t want to clean your baseboards twice.

TOOLS & MATERIALS

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Before You Begin

Young man moving couch at home

For a lighter cleaning, there’s no need to move furniture, but be sure to check for visible grime wherever the baseboard heads behind a piece of furniture. If you can see the dirt, everyone else can too.

Step 1: Vacuum the area.

Vacuuming around dirty baseboards

Photo: istockphoto.com

Begin the process by removing as much dust and dirt as you can from the area. If your vacuum has a brush attachment, use it to suction along the length of the baseboards. Pay special attention to the crevice where the trim meets the floor. In lieu of a vacuum, you can rely on a duster or dust rag to do a decent job of freeing up debris, which you can then corral and remove with a broom and dustpan.


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Step 2: Wipe down the baseboards.

Pink gloved hand wiping down baseboard

Once you’ve removed all loose dirt and dust, you can begin to address stains and stuck-on grime. (Particularly in the kitchen, baseboards are the notorious hosts of unidentifiable splatters.)

Dip a sponge or rag into a mixture of warm water and dish soap (vinegar works well too), then go about scrubbing any marks that you can find. Alternatively, consider using a Mr. Clean Magic Eraser. If you’re in a hurry, you can just run a baby wipe over the trim. Note that if the baseboards are stained, not painted, it may be better to use a cleaning solution formulated specifically for that application.

Step 3: Clean the crevices.

We know a good trick to cleaning baseboards in those hard-to-reach-spots, like the crevice between the trim and flooring. Just grab a cotton swab from the bathroom and dip it in the cleaning solution, gently wiping away the dirt. The swab is small enough to fit into those tight spaces and corners, and absorbent enough for cleaning. A toothbrush can also come in handy for getting gunk out of crevices and corners, and it’s particularly good at loosening dirt stuck to the caulk.

Step 4: Rub the baseboard with a dryer sheet.

Using a dryer sheet to clean baseboard

Photo: prohousekeepers.com

Once the baseboards are clean, here’s how to keep them dust- and hair-free: Rub them with a dryer sheet. Not only will this leave a fresh scent that lasts a few days, but the sheet’s antistatic properties also repel dust.

Baseboard Cleaning Tips

Long handle duster cleaning a wood floor

Photo: istockphoto.com

  • Clean your baseboards about once a month.
  • If your baseboards are particularly dusty, you may need to run the vacuum or a broom over the surrounding floors a second time after your baseboard cleaning.
  • If moving heavy furniture isn’t feasible in your situation, try using a duster on a long handle to reach behind it. Some duster kits come with extension poles that are ideal for this purpose.
  • As always, consider the environment when cleaning your home, choosing nontoxic products when possible.

Final Thoughts

Even if your baseboards are so grimy that you’re tempted to tear them out and replace them at any cost, there’s really no need for such drastic measures. While cleaning baseboards isn’t the most enjoyable task, with the tools mentioned above plus a little elbow grease, your trim will look as good as new.

Article provided by Bob Vila and Gretchen Heber 

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Prioritizing Effective Fair Housing Education in Property Management

As we enter the new year, it is crucial for professionals in the property management industry to recognize the vital importance of fair housing education. A well-rounded understanding of fair housing laws and practices is not just a best practice but a fundamental aspect of professional development that can significantly impact the success and integrity of your business.

Understanding the Essence of Fair Housing Training

Fair housing education goes beyond mere compliance. It represents an investment in your company’s future. Thorough training ensures that every team member is equipped with the knowledge to navigate complex situations, uphold the law, and provide exemplary service to prospects and residents from diverse backgrounds.

The Importance of Comprehensive Training

Superficial or incomplete training methods may seem sufficient in the short term, but they fail to impart the deep understanding necessary to handle real-world scenarios effectively. Effective fair housing training involves more than just taking a quick free course or watching a few basic videos.

A comprehensive training program includes detailed courses, engaging content, and practical assessments that ensure retention and understanding. It should encompass a range of learning methods, including interactive sessions, case studies, and regular updates on new laws and best practices. This holistic approach ensures that employees not only learn but also internalize the principles of fair housing.


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Identifying Areas for Improvement

Regular evaluations of your training program are essential. If employees are making mistakes or showing a lack of understanding, it could indicate the need for a more robust or engaging educational approach.

Another common misconception is that once trained, always trained. As we all know, fair housing can be very complicated to navigate. Add to that the fact that emerging court cases can create new precedents, resulting in adjustments to understanding or even complete law changes. As a result, more and more companies are shifting to annual training. The benefits of this are easily identifiable. Having a team that is fully and annually trained reduces the risks of a costly fair housing complaint, some of which can cost into the millions of dollars.

The Cost of Not Training

The cost of defending a fair housing complaint can vary significantly based on the specifics of each case. Defending against a fair housing complaint can involve significant legal fees, compensatory damages for the plaintiff, along with civil penalties.

Beyond monetary penalties, there can be other costs like the impact on a company’s or landlord’s reputation, as HUD keeps a public record of all charges filed through them. This can affect future resident relations and business operations.

Commitment to Continuous Learning

The dynamic nature of fair housing laws and the diverse challenges faced in property management require a commitment to continuous learning. As we embark on a new year, it’s the perfect time to assess, update, and improve your fair housing training programs. This will not only protect your company from potential legal issues but also foster a culture of respect, inclusion, and excellence in service.

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Thank you to the Fair Housing Institute for providing this informative article!

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