Alabama Real Estate Attorneys


Alabama Real Estate Attorneys

What Is A Alabama Real Estate Attorney?

Alabama real estate attorneys are attorneys that specializes in AL real estate law. Having an attorney that is well versed in Alabama real estate laws is to your benefit.

They may offer legal advice for transactions involving the following:

  • renting real estate in Alabama
  • property closings in Alabama
  • property tax appeals in Alabama
  • property zoning in Alabama
  • buying real estate in Alabama
  • selling real estate in Alabama
  • leasing real estate in Alabama

They may also offer services such as dispute resolution. These types of disputes may arise due to conflicted opinions of property boundaries or contractual disputes between the buyer and seller of real property.

A Alabama real estate lawyer, along with a Alabama real estate agent, can guide you through the process of buying and selling a home or commercial property in Alabama.

Buying a new home in Alabama or even raw land can be a significant investment and having the proper legal advice will make your real estate transaction go smoothly.

When Should You Get A Real Estate Attorney In Alabama?

It is recommended that any time you buy, sell, or transfer property in Alabama that you have qualified Alabama real estate attorneys represent you during the real estate transaction and closing.

Do I Need An Attorney To Lease My Property In Alabama?

It is recommended that you have a Alabama real estate attorney provide you with proper leasing or rental contracts. If you intend to lease or rent property in Alabama a proper rental contract is a must have.

A properly drafted lease or rental agreement in AL can safeguard and provide to you monetary compensation from physical damage to property that may be caused by a renter.

Is There A Difference Between Leasing And Renting Property In Alabama?

Simply stated a lease is normally used for long term contracts for those whom may wish to stay in the property for a matter of multiple months or years. Rentals are normally for shorter periods of times such as a few weeks to a month or two.

You can think of it as the difference between renting an apartment for a year as opposed to renting a vacation home for a short amount of time.

Do You Need A Real Estate Attorney To Buy A Home In Alabama?

Alabama law does not require you to hire Alabama real estate attorneys to buy a home. However, with that being stated, having an attorney representing you throughout the home closing process is to your best interest.

Alabama Is Not A Disclosure State.

Alabama state law may not require all sellers of residential property, to disclose to potential buyers important facts that may affect the buyer’s use and enjoyment of the property. Alabama is a “buyer beware” state.

This is not to say a disclosure form may not be required by your mortgage lender or realtor. Buyers should not rely on these disclosures. Buyers should hire their own inspector and have every aspect of the home inspected. More information may be found here.

Having a AL attorney represent you at closing may be the difference between buying that 10 acre of pristine farm land and buying that 10 acres of land that in the past was used as a state dump and is heavily contaminated with dangerous substances.

How Much Do Alabama Real Estate Attorneys Charge?

This fee may be dependent upon the cost of the property and how your chosen AL attorney bills for services. The fee may differ depending on if the property is commercial property or residential property.

Two of the most common real estate fee schedules in Alabama are as follows:

  • An hourly fee : This fee is going to be based on your location and the experience of the attorney.
  • A set fee : This fee is going to be based on the value of the property being purchased. It is normally derived as a percentage of the sells price.

Who Does A Alabama Real Estate Attorney Represent?

Alabama real estate attorneys may represent either the buyer or the seller.

As a buyer the attorney will review all the documents pertaining to the sell. Being sure that the buyer is receiving what they are paying for clear of all liens or encumbrances.

This is normally accomplished by doing a title search to be sure the seller is the actual owner of the property and has the legal right to sell the property.

As a seller the AL real estate attorney can help you by reviewing your sells documents and assuring that the financial obligations of the buyer are fulfilled at closing.

When a home mortgage is involved there may be several different attorneys involved in the property closing. One may be representing the mortgage lender, one the seller, and one for the buyer. As you can see real estate transactions can at times be complicated.

Is Title Insurance Required In AL?

Title insurance In AL is not required by law.

Some Alabama real estate attorneys may recommend that you purchase title insurance in AL on a given piece of property. Title insurance may be required for real estate that is secured by a mortgage.

Title insurance is an insurance policy that may pay you the value of the property if years down the road it is found that the seller did not have good title to the land. More information about title insurance in Alabama can be found here.

Who Pays For Title insurance In Alabama?

Title insurance may be a cost to the buyer or seller depending upon the stipulations in your real estate sales agreement.

What Is A Alabama Real Estate Sales Agreement?

The Alabama real estate sales agreement or contract lays out the obligations of all parties involved in the real estate transaction.

Who Pays The Closing Cost For A Real Estate Transaction In Alabama?

Closing cost may be paid by the buyer, the seller, or a combination of both depending upon the sales agreement. Typically closing cost are broken down into two categories, the buyers and the sellers.

Buyers Closing Cost In Alabama :

  • Home inspection
  • Underwriting fees
  • Title/Deed recording fees
  • Title search fees
  • Title insurance
  • Appraisal fee
  • Origination fee
  • Escrow fee
  • Credit report fee
  • Attorney fee

Sellers Closing Cost In Alabama :

  • Transfer fees
  • Recording fees
  • Escrow fees
  • Mortgage fees
  • Title insurance
  • Property taxes
  • Utility bills
  • HOA fees

As you can see from above there are a variety of fees that may be involved with your Alabama real estate transaction. However, with that being stated, all of the fees above may not apply to your particular situation. When paying with cash instead of receiving a home loan the fees are less expensive.

How Long Does It Take To Close On A House In Alabama?

This is going to depend if your purchasing in cash or if there is a lender involved. When paying with cash it may take as little as 14 days. If a mortgage lender is involved it may take from 30 to 45 days. Often times the time required will depend on how hot or cold the Alabama real estate market is.

How Do I Find A Good Alabama Real Estate Attorney?

Finding good Alabama real estate attorneys is not as hard as one may think. You can start right here on this site. If one is not available then reach out to your circle of friends, family members or business acquaintances. If your working with a Alabama real estate agent you may wish to ask them if they have any recommendations.