The cost of a real estate attorney in Texas depends on a number of different factors. The three main factors that affect lawyer cost are as follows:
- Task: The nature of the task the client wants the lawyer to handle
- Type of Fee: What kind of fee the lawyer charges for the task, whether a flat, hourly or contingency fee
- Time: The amount of time the lawyer spends on the task they have to complete for the client.
Other factors play a role as well, e.g., the market in which the lawyer works. Lawyers in big cities such as Dallas and Houston are likely to charge more than lawyers in small towns such as Wimberley and Glen Rose and rural areas. A Texas lawyer consultation would answer an individual’s questions about the cost of a real estate attorney in Texas.
In Texas, How Are Real Estate Attorney Fees Calculated?
Real estate attorneys in Texas and elsewhere generally charge three types of fees. The type of fee they use in any given situation is most likely to depend on the nature of the case the client wants the lawyer to handle.
- Flat Fee: A flat fee is a sum of money that a lawyer charges for a service. It generally represents the entire fee that the lawyer is going to charge for the service they provide from beginning to end.
- For example, a lawyer may charge a commercial tenant a flat fee to review a lease agreement that the tenant has been given to sign by their landlord. The lawyer would read the agreement and offer their legal advice regarding changes that could make it more favorable to the interests of the tenant.
- Hourly Fee: It is common for lawyers to charge an hourly fee for many real estate-related tasks. In an hourly fee arrangement, the lawyer charges a fixed amount for each hour of work they spend on the task they have been hired to handle. The lawyer keeps careful track of the time they spend working on the task and then multiplies that by the amount they charge hourly to come up with their bill. Lawyers usually bill their clients monthly.
- They may also collect a retainer at the beginning of their representation. A retainer is a sum of money that the lawyer puts in a client trust fund. They can only use the funds in a manner to which the client agrees.
- For example, the lawyer and client may agree that the lawyer can withdraw the amount of their monthly bill from the retainer. They may also be allowed to withdraw reimbursement for costs they incur in connection with a case.
- Contingency Fee: A contingency fee is a percentage of any award of money damages that the lawyer wins for their client. In a contingency fee arrangement, the lawyer is only paid if they do recover an award of damages for their client. If they do not, they are not paid for their work in the case.
- In certain kinds of cases, primarily those in which the lawyer can recover a large award of money damages to compensate their client for harm done to them, a lawyer charges a contingency fee.
A lawyer may also charge a consultation fee for a first meeting. Often lawyers charge a set consultation fee from $50 to as much as $1,000, depending on the type of law, the type of lawyer and other factors.
What Factors Are Used When Determining Fees for Real Estate Attorneys in Texas?
As noted above, the factors that determine fees are the kind of task for which the real estate attorney is retained and the type of fee the attorney charges for their work on that kind of task.
For example, if a client hires an attorney to write a commercial lease agreement for them, the lawyer might charge a flat fee if the agreement is of a standard kind for a common lease relationship, e.g., retail space in a strip mall or office space in a small, suburban office building.
However, if the lease is for a less common type of commercial leasing situation, and the attorney anticipates having to spend an unusual amount of time on the task of drafting a specialized lease, they may charge an hourly fee.
An attorney usually charges a contingency fee in a personal injury case in which the attorney hopes to recover a substantial award of money damages, e.g., a premises liability case in which their client seeks to recover compensation for serious injuries they suffered on premises owned by the defendant in the case.
If a lawyer represents a client in a different type of real estate lawsuit, i.e., one that is not a personal injury case, they are likely to charge an hourly fee. So if the lawyer represents their client in a suit for breach of a contract for the sale of real property, they are likely to charge the client by the hour.
What Are the Advantages of Hiring a Texas Real Estate Lawyer?
There are significant federal laws that affect the ownership and management of real estate in Texas. For example, the federal Fair Housing Act (FHA) prohibits discrimination in the sale, financing, or rental of residential real estate and activities related to housing on the basis of the following:
- Race
- Sex
- Disability
- Color
- Religion
- Familial status
- National origin.
In addition, the federal Americans with Disabilities Act (ADA) affects both residential housing and commercial properties. So, for example, the ADA requires that any and all buildings open to the public must offer reasonable access to people with disabilities. This is an obligation of anyone who owns, operates or leases a public building.
However, a property owner or tenant in Texas wants to have a lawyer who is well versed in Texas real estate law. The laws that apply to so many real estate transactions, e.g., landlord-tenant law, are Texas state civil laws.
Otherwise, again, a person wants a lawyer for a Texas real estate issue who has ample experience working with Texas real estate law. In addition, when looking for a lawyer, an individual wants to consider the following:
- Experience: A person wants a lawyer who practices in the area of law the person needs, e.g., foreclosure law, and has ample experience in that domain.
- Track Record: Ideally, a person wants a lawyer who has a record of success in handling the type of issue they have.
- Communication: A person wants a lawyer who is able to communicate clearly – explaining things in a way that a person understands and willing to take the time to inform the client about their case.
- Availability: Of course, a person wants to make sure that their lawyer is truly available and has the time and resources to handle their case and give it the attention it requires.
An individual with a real estate issue of whatever kind is sure to be able to find a Texas lawyer who has the qualifications that ensure they are able to provide superlative representation.
What Types of Services Do Real Estate Attorneys Offer in Texas?
Real estate attorneys offer a wide range of legal services that address the legal issues associated with real property, real estate law and real estate legal documents. This probably reflects the importance of real property in our society. Everyone who owns or rents their place of residence has an interest in real estate law. They may at some time need to know how to find a real estate attorney who provides the service they require.
- Negotiate Transactions: An individual who engages in a large real estate transaction may want the help of a Texas real estate lawyer in negotiating the transaction.
- Draft Documents: A lawyer can draft contracts for sale and purchase transactions as well as lease agreements for both residential and commercial leases.
- Resolve Disputes: Real estate disputes may involve a wide range of issues. A dispute may arise regarding any of the following:
- A party to a real estate purchase transaction fails to complete the purchase and breaches the contract for the transaction.
- The owner of property has a dispute with local planning authorities about zoning laws and the owner’s use of their property.
- A homeowner in a homeowners association may have a dispute with the community’s board of directors about a covenant violation.
- An individual may have sustained a significant injury on the property of a hotel and have a premises liability claim against the owner.
- A homeowner may default on their mortgage and face foreclosure by the mortgage lender.
- Review Documents: The prospective tenant of a residential or commercial property may be given a lease agreement drafted by the landlord. They want a Texas real estate lawyer to review it and make sure it provides adequate protection of their interests. Or, one party to a significant real estate transaction may present the other with a contract which the other party wants their lawyer to review.
- Represent Client in Lawsuits: Any of the disputes noted above may lead to a lawsuit requiring representation by a lawyer.
More information about the types of services that a real estate lawyer in Texas can offer is available on LegalMatch.com at real estate articles. Or a person may always seek a real estate lawyer consultation for specific information about how a lawyer can help them with their issue.
Do I Need To Hire a Texas Real Estate Lawyer?
If you have a significant real estate transaction coming up or need representation in a lawsuit that involves real property, you want to consult a Texas real estate lawyer. Your lawyer is going to learn the facts and be able to advise you as to what your best next step would be. Whether you are involved in a transaction or have been named in a premises liability lawsuit, you know you will achieve a better outcome if you consult a qualified Texas real estate lawyer.
