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Updated over 5 years ago on . Most recent reply

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17
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4
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John H. Hill Jr.
  • Rental Property Investor
  • Las Vegas
4
Votes |
17
Posts

One or multiple real estate attorneys?

John H. Hill Jr.
  • Rental Property Investor
  • Las Vegas
Posted

Hello BP. I'm new to investing and I could use some advice on using a real estate attorney. I currently only have one rental property in Nevada near where I live. I'm in the process of purchasing a 4 door in Chicago and I'm about to start searching for an attorney (if it makes sense) to assist me with making sure all is well.

My question for you all is should I have one or more real estate attorneys? I'm not sure if it's better to have one per location (state) or one to handle all of my rental contracts in general.

Most Popular Reply

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184
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145
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David Gotsill
  • Attorney
  • Tokyo, Japan
145
Votes |
184
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David Gotsill
  • Attorney
  • Tokyo, Japan
Replied

@John H. Hill Jr. - I tend to agree in principle with @Amy Aziz, but there are a few approaches you could take.

You could simply engage someone 'local' to the new property for everything related to the new property.  You have two attorneys, need to maintain 2 relationships.  With attorneys?  Eww.  (just joking.  kind of.)

Or, if you like your current attorney, then continue to use them as your main adviser.  Then for the few items that you'd want confirmation from local counsel, such as your form of tenant lease agreement and any eviction proceedings, you can engage someone local to the property, meaning licensed in that state and able to conduct evictions if the need arises.  Your current counsel may even be able to recommend someone to you.  

I can certainly tell you that, as an attorney, I am frequently asked to liaise between our clients and local counsel in various jurisdictions around the country for local expertise.  For example, your current attorney can say "Dear Local Counsel, can you please review the attached form of tenant lease.  The client has included terms she desires, but please let us know if you feel any of these provisions would be problematic in [Illinois] or if we are missing any [Illinois] specific provisions that would be helpful."  That way the task for local counsel is limited, as should be their fees.  (Anecdotally, the typical response is likely to be "Oh, no issues for Illinois, except that Landlord must designate wither the security deposit will be held in an interest bearing account or a non-interest bearing account", or some other very minor comment.)  Here, you still only deal with the attorney you know and like.  Plus, you basically build-in a second opinion since the advise of local counsel passes through your main attorney, and she can confirm/ask for clarification as needed.  

It's a good system, and as an investor, one that our team uses in invest in Huntsville.

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