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Asheville Real Estate  ~ Choosing the Right Attorneys~

Asheville Real Estate: Attorney in Real Estate Law in NC

One of the questions that people have asked over and over again is how to select a real estate lawyer. The answer is pretty complex because there is no easy, fits everyone answer. Of course, not every jurisdiction requires that you have a real estate lawyer. However, when one is needed choosing a real estate lawyer involves a large number of variables ranging from experience to personality issues. There are, though, some basic things that everyone should be working from.

The first issue most people focus on is price …WRONG! Price is only one factor and unless the fees of one lawyer are 30% more than another then it should become a minor fact. Why?… It's simple actually…. by focusing on price you sometimes fail to take into account the more important issues like experience and knowledge. Price should only be a factor when all other things are relatively equal or when the price from one lawyer to another varies dramatically.

Law is a very complex demanding field which requires that those who practice it keep up with constant changes. Real estate law in particular is subject to constantly changing laws and statutes about ownership and taxation. For this reason, it's important that you find a lawyer who practices real estate law. Often the sale of property involves large amounts of money changing hands. As a result, most property sales involve complicated tax issues for both parties. Issues such as whether a property is a primary or secondary residence and whether it's rented or sold can make a dramatic difference in how much you pay in taxes. In fact, some real estate transactions are tax-free. When it comes to large transactions such as property sales, there can be no substitute for hiring a qualified real estate lawyer.

The biggest concern we all should have when selecting a lawyer is experience. This is the same as with any other business… you want the best person available to help. It's not when things are going well that you have to worry it's when things are going badly… it is at this time that the experience of your lawyer is most important.

How do you judge experience? Again, there is no fast easy answer. There are, however, some basic questions you should be asking. Here are a few of them:

  1. How many real estate transactions of my type do you do in an average month?
  2. Who are your assistants, what are their roles and how much experience do they have?
  3. When it comes time to meet to sign documentation who will I meet with?
  4. What are the steps that I will have to go through from this point forward and what can you do to make the process easier?
  5. What are your fees and are they firm quotations or simply estimates?

These basic questions will help you get a feel for the person you are dealing with and will help you make a decision. Do not rush to get answers… make sure that you take your time and get the lawyer to flesh out all answers as much as possible. Once you have armed yourself with this basic information compare your notes and make your decision.

What should you do once you select who it is you want to represent you? There is no easy answer to this but the KEY is simply this… do not wait for your lawyer to contact you unless they instruct you to do that. Don't assume that your real estate lawyer will know every single thing about the file or what is happening. With so many lines of communication - seller's lawyer to buyer's lawyer, seller's realtor to seller's lawyer, seller to seller's lawyer, etc. - the possibilities for one line of communication to falter are always there.

The important thing is for you to ensure that the lines of communication are open on your side. In other words, if  the other party or anyone else contacts you about anything to do with the transaction, simply call me, your realtor, or your lawyer, and pass on the information that you have received or have been asked to divulge. What may seem to be a fairly straightforward thing at the moment might have important legal ramifications down the road.

There have been quite a number of good attorneys that we have had the opportunity to collaborate on a number of transactions.  And then there are a few others...  Unfortunately, these "other" attorneys give the rest a bad name, and these few you will not wish to retain.  There are standards of conduct that all lawyers should conform to, of course, but on occasion, there are a few that choose to disrespect what is morally right, even though they argue that it is still legal.  These sadly choose incorrect conduct and behavior over that which is more civilized.  Not that anyone needs to be reminded, but here's a generalization of bad attorney behaviors and actions you should be on the lookout for so as to prevent future headaches:

  1. Not returning phone calls - unless they're doing something wrong, why would an attorney avoid  phone calls even after you have left several messages?
  2. Not returning mutual clients' phone calls - Once you cannot get a hold of an attorney, you may ask a mutual client to call the attorney, as well, and still receive no response.  At the closing table, attorneys normally receive a nice compensation for their work.  So, why no response?  That's generally a sign that they don't consider themselves part of a service industry.
  3. Unpleasant language - There's absolutely no one need to tolerate bad language, or the using of harsh condescending words, as though they were the king and everyone else in the transaction were their servants.  If you hear that, move on....
  4. Enjoy lawsuits - It's likely that attorneys gain from lawsuits, but if there were a more amicable ways of settling something, why not pursue them?
  5. Be careful what you tell an attorney - Attorneys tend to quote every word you say, especially bad ones, and use them against you.  You in return can't quote them.
  6. Everything has to be on paperWhen it comes to dealing with attorneys, everything has to be on paper.  Without a paper trail, you expose yourself to too much risk.  Whatever the attorney says, have them document it on paper and fax to you.  Don't take their word and feel that's all you need. 

When it comes to choosing an attorney, the best practice would be getting recommendations from several people.  If several people have pointed you to one particular attorney, then choose him.  If you have less than 3 recommendations for an attorney, consider another choice.  A good attorney normally has many happy clients who could provide testimonies.  If there is less than 3, it may mean that there were not many happy clients.

BE CAREFUL.  CHOOSE WISELY.


My Recommendations:


There are a number of law firms in the Asheville area that can accommodate Real Estate transactions.  Feel free to discover the one you would like to represent you. 

As noted elsewhere, the devil is in the details, and there are many details that need to be logistically arranged before a closing can be successful. I have found that many Law firms do not function smoothly as a "service-oriented" industry, and subsequently choose to wait until the last minute to execute the necessary legal paperwork for transactions involving Asheville Real Estate, or are slow in coordinating their paper work with the ongoing transaction, sighting various hold-ups from other agencies etc, accepting little if any responsibility in the process, which in fact could have been prevented with the necessary flexible safe-guards in place.

Unfortunately, this leads to inevitable disappointment and delays in the closing process, and a needless waste of everybody's time....except for them of course! 

In my considerable experience in this arena, I am glad to report that I have found one Law firm in particular that is much more consistent than all the rest, one that is above all "service-oriented," honoring and respecting your time constraints, scheduling and previous planning, performing above all the rest of the competition in making sure your Asheville Real Estate closing is executed without a hitch, while ensuring that all expectations are met and with all possible difficulties generally being appropriately resolved before your closing date!  With all the complexities that arise, you really want the legal side of things to be as seamless and automatic, yet professionally astute, as possible.

Therefore, I highly recommend:

Mr. Judd Hollifield, Esq. of Hollifield Law Offices, PC. 

He can be reached at 828-255-8282.

Remember: Buying and selling a luxury home or finding that special piece of Asheville Real Estate with Kathleen Blanchette, a fully licensed Keller-Williams Asheville Real Estate Broker and Realtor, is a comprehensive and thoroughly professional experience in buying and selling Asheville Real Estate throughout the Blueridge and Smokey Mountains, where efficiency, personal regard and concierge services are guaranteed every step of the way.  Keeping the Tradition of Integrity..., and a Reputation for Results! 

Whether its a North Carolina luxury homes on your own Private Mountain Estate in one of our uniquely designed plush Golfing Communities, Exclusive Gated Communities, Active Adult Communities, surrounding Lake Communities, or a great Condominium, Loft or Townhome, all of Greater Asheville and Hendersonville Luxury Homes are within reach with Kathleen Blanchette.  Feel Free to browse the entire website of all available Greater Asheville Real Estate MLS and Western North Carolina MLS, for all Asheville Real Estate Properties, Land Acreage, Horse farms, Investment Properties, Commercial Real Estate, New Home Plans, as well as handy relocation and moving calculators, tips for buying and selling a house, city and school reports, and more.  Just call us when you're ready to move ahead!  

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Disclaimer: All Multiple Listing Service (MLS) data relating to real estate for sale on this web site comes in part from the Broker Reciprocity Program of Western North Carolina Regional MLS, and respectfully includes the Asheville Board of Realtors, the Hendersonville Board of Realtors, the Brevard Board of Realtors among other professional boards which together govern, maintain and update all listed Real Estate in Western North Carolina and the surrounding 13 geographical counties. So governed, the accuracy of all information, regardless of source, including but not limited to square footages and lot sizes, is deemed reliable but is not guaranteed and should be independently verified through personal inspection by and/or with the appropriate professionals. All information presented on this website may change as data is updated on a 24 hour basis.  Users are directed to refresh pages from their own browser to ensure the most accurate information published is made available to them.  For all your Real Estate needs go to:  Asheville Real Estate  For more information and accuracy, contact Kathleen Blanchette directly.

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