Conveyancing is the legal process of transferring property ownership from one party to another. Whether you’re buying or selling real estate, navigating the conveyancing process can be complex and require specialized legal expertise.
Depending on your specific circumstances and needs, different types of lawyers may play crucial roles in ensuring a smooth and legally sound transaction. Here are five types of lawyers you may need during the conveyancing process.
1. Real Estate Attorney
A real estate attorney specializes in property law and plays a central role in the conveyancing process. Whether you’re buying or selling a property, a real estate attorney can provide invaluable assistance in several key areas.
Your attorney can review the purchase or sale agreement to ensure that your rights and interests are protected. They can negotiate terms and conditions, including contingencies, timelines, and responsibilities of each party.
Prior to closing, your attorney will prepare or review all necessary legal documents, such as the deed, mortgage documents, and closing statements.
2. Conveyancing Attorney
A conveyancing solicitor specializes specifically in the conveyancing process, facilitating the transfer of property ownership from the seller to the buyer. Their roles include reviewing and ensuring the legality of all necessary documents, including contracts, deeds, and title transfers.
They also oversee the escrow process to ensure that funds are properly disbursed and all conditions of the transaction are met before closing.
Resolving legal disputes that may arise during the conveyancing process, such as boundary disputes or issues with title defects.
3. Land Use and Zoning Attorney
In cases where the property’s use or development may be subject to zoning regulations, land use restrictions, or environmental considerations, a land use attorney can provide specialized expertise. They can assist with ensuring that the property complies with local zoning laws and regulations, including permissible land use, building codes, setbacks, and height restrictions.
Obtaining necessary permits and approvals from local authorities for property improvements or developments, such as building permits, environmental assessments, or variances.
4. Tax Attorney
If your real estate transaction involves complex tax issues or considerations, such as 1031 exchanges, capital gains taxes, or property tax assessments, a tax attorney can provide valuable guidance. They can assist with structuring the transaction to minimize tax liabilities and take advantage of available tax benefits or incentives, such as tax-deferred exchanges under Section 1031 of the Internal Revenue Code.
They can also resolve disputes with the IRS related to real estate transactions, deductions, or tax assessments.
5. Personal Injury Attorney
While not typically involved in the standard conveyancing process, a personal injury lawyer may become relevant if you or someone else is injured on the property during the course of the transaction.
If a visitor or worker is injured on the property due to unsafe conditions or negligence, a personal injury attorney specializing in premises liability can help. They can assess liability, investigate the circumstances of the injury, and pursue compensation from the property owner or responsible parties.
If the property seller or owner failed to disclose hazardous conditions that led to an injury, a personal injury attorney can help file a negligence claim. They can seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.
