Top San Jose, CA Real Estate Lawyers Near You

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San Jose Real Estate Information

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Lead Counsel Verified Attorneys In San Jose

Lead Counsel independently verifies Real Estate attorneys in San Jose by conferring with California bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions.

Find a San Jose Real Estate Attorney in your area

Are You Dealing with a Real Estate Law Issue?

Dealing with a real estate matter can be stressful, confusing and complex. No matter if you are selling a property or you want to purchase a property, you should speak with an experienced San Jose real estate attorney. Your attorney will be able to help you with contract negotiations, avoid transaction disputes and possibly save time and frustration.

Different Types of Real Estate Cases

Real estate law covers a wide range of issues related to real property law. Some of these areas involve purchasing or selling real estate, renting real property and taxation issues associated to these activities. Bear in mind, real estate laws vary from state to state, so it is important to get the right information and guidance.

Whether you are buying or selling a home, this represents a substantial investment. It is important to protect your rights. Working with an experienced real estate attorney will guide you through the legal implications.

What does contingent mean in real estate?

In a real estate transaction like the sale of a house, a “contingency” clause in the contract acts as a way to cancel the contract if a certain event were to happen. For instance, if you make an offer and the seller accepts it, you may negotiate a contingency that accounts for a poor housing inspection allowing you to back out of the deal. If you need to sell your home as well, you could negotiate a contingency that allows you to back out of buying the new home if you can’t sell your current one.

What is a short sale?

A short sale is when the seller is selling the property for less than is owed on the mortgage. This could be a bank that repossessed the home in a foreclosure. In this case, the bank would sell the house, essentially hoping to get someone to buy the house, and the bank will forgive the difference that remains on the original mortgage. A short sale often presents a good opportunity to the right buyer who needs to save a bit of money.

Do I need a real estate lawyer or a real estate broker?

A broker (also known as an agent or realtor) represents people in the home buying or selling process. But they may not be as experienced when it comes to contract negotiations as a real estate lawyer. While you may not need a real estate lawyer for your home sale, they can help you deal with any unexpected roadblocks to the sale process. Some states also require a real estate attorney for any contract signings. If you are unsure, you could schedule a consultation.

Top Questions to Ask When Hiring an Attorney

  • How many years have you been practicing law? How long have you practiced law in the local area?
  • How many cases similar to mine have you handled in the past?
  • What is the likely outcome for my case?

In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

Points to Consider Before Hiring a Lawyer

Experience. Regardless of the type of legal matter you need help with, an experienced attorney will usually be able to get you better results.

Competence. Determine an attorney’s expertise by asking about their track record for the issue you need help with resolving.

Fit. There are plenty of good attorneys out there; make sure you find one you are comfortable working with.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

Court Locations in San Jose, CA

Downtown Superior Court

191 N 1st St.
San Jose, CA. 95113
Phone: (408) 882-2100
Court Website

Santa Clara Hall of Justice

190 W Hedding St.
San Jose, CA. 95110
Phone: (408) 808-6600
Court Website

Old Courthouse

161 N 1st St.
San Jose, CA. 95113
Phone: (408) 882-2100
Court Website
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