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Asheville Real Estate ~ Choosing the Right Attorneys~

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:
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:
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.
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
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