Unlike New York, where the custom is for parties in real estate transactions to be represented by their own counsel, California has no such custom. That’s not to say California real estate transactions cannot involve attorneys, however; and many do. Having an experienced real estate attorney on your side can make all the difference.
In the context of real estate sales and purchases, an experienced attorney can help a seller, among other things, to comply with California’s disclosure requirements so that the seller can avoid later being sued. Conversely, an experienced attorney can help a buyer to know what to look for, and what steps to take (e.g., inspections), to stay away from trouble, or worse, end up buying a “money pit” (if you haven’t watched the 1986 Steven Spielberg film starring Tom Hanks, I recommend it), without any recourse.
Similarly, with regard to real estate leases, an experienced and knowledgeable attorney will draft a solid, clear, and unambiguous lease which will lessen the likelihood of conflict between the landlord and tenant down the road, and therefore avoid major expense (e.g., attorney’s fees, damage to leased premises, etc.)
Really, it all boils down to making good, smart decisions. If you ensure you have handled your real estate transaction in this way, you will increase the likelihood of that transaction going smoothly, and lessen the chance of it turning sour, and spiraling out of control, oftentimes resulting in expensive litigation.
If a real property dispute does end up in litigation, having an experienced, knowledgeable, and smart attorney to represent your interests is a necessity.