Short answer: Agents can’t give legal advice. A lawyer for real estate contracts can draft, explain, and negotiate the legal terms that actually control risk, timelines, remedies, and money.
Why it matters: A small wording change (e.g., contingency, default, “as‑is” language) can swing thousands of dollars or kill a deal.
When to hire a lawyer:
-- You don’t fully understand a clause or risk allocation
-- The other side is sending redlines or addenda
-- The deal is “non‑standard” (seller financing, lease‑option, complex easements, ROFR, JV/partnership, etc.)
-- Stakes are high (commercial leases/purchases, investment properties)
The high‑impact provisions most buyers/sellers negotiate:
-- Contingencies: financing, appraisal, inspection, clear title; who can cancel and by when
-- Deadlines & Extensions: hard dates for inspections, loan approval, and closing
-- Earnest Money & Remedies: cure periods, default, liquidated damages vs. specific performance
-- Title & Survey: permitted exceptions, encroachments, easements, cures for defects
-- Property Condition & Repairs: “as‑is,” repair caps/credits, who fixes what and when
-- Disclosures & Representations: accuracy, survival of reps, and indemnities where appropriate
-- Closing Costs & Prorations: who pays what (taxes, HOA, assessments), rent/utility proration
A targeted attorney review ensures these work together and match your goals.
Usually no. Under the Statute of Frauds, real estate contracts generally must be in writing and signed to be enforceable. Limited doctrines (like partial performance) are fact‑intensive and risky. Bottom line: get it in writing, get it reviewed, and avoid expensive disputes later.
1: Confirm title & percentages (get a title report; gather deeds).
2: Attempt a voluntary solution (buyout or open-market sale; send a demand letter).
3: File and serve a partition complaint naming all co‑owners and lienholders.
4: Valuation (court‑approved appraiser/referee).
5: Sale (referee listing or public auction, depending on state procedure).
6: Accounting & distribution (credits for taxes, mortgage, necessary repairs; offsets for exclusive use/rents; then split the net proceeds).
Key risk areas a lease attorney will tighten up:
-- Rent & Escalations: base rent, CAM/NNN, caps, audit rights
Use & Exclusivity: permitted uses, non‑compete/exclusive use clauses (retail)
-- Maintenance/Repairs: who pays for structural vs. non‑structural items; HVAC and roof obligations
-- Alterations & Assignments: sublease, assignment, and consent standards (reasonable vs. sole discretion)
-- Defaults & Remedies: cure periods, lockout/eviction rights, fee shifting
-- Options: renewal, expansion/ROFO/ROFR; clear notice windows
-- Residential Focus: habitability, deposits, entry rights, early termination, state/local disclosures
A focused lease review protects cash flow and avoids “gotcha” provisions.
An easement agreement attorney will define the easement’s scope (what uses are allowed), location/legal description (metes-and-bounds or exhibit map), access rules (hours, gates, keys), maintenance and cost-sharing, insurance/indemnity, assignability and transfer to successors, interference limits, relocation procedures (if any), term/termination, and recording to bind future owners; these details prevent blockages, over-use, or costly disputes and are best handled by a lawyer for real estate contracts who can align the easement with your title, survey, and closing documents.
A ROFR gives the holder the chance to match a bona fide offer before the owner sells/leases to someone else; a real estate contract lawyer will tighten trigger events, notice and delivery, match terms (price + all non-price terms), strict timelines, exceptions (e.g., affiliate transfers, estate planning), assignment limits, duration/renewals, remedies, and whether to record the ROFR or a memorandum—clean drafting avoids “gotcha” deadlines and fights over whether an offer was truly matchable (and when the clock starts).
For co-owners (tenants-in-common or LLC members), a real estate contracts attorney will cover ownership percentages and capital contributions, expense sharing (taxes, insurance, mortgage, repairs), use/occupancy schedules, consent thresholds (what requires unanimous vs. majority approval), improvements and reimbursements, rents/income splits, books and records, defaults and cure, buyout mechanics (appraisal/BPO, timelines, financing window), sale/exit procedures (listing triggers, broker selection), transfer restrictions/right of first refusal, and dispute resolution—all to prevent stalemates and provide a predictable path to buyout or sale.
