The Difference Between a Real Estate Lawyer and Notary Public

The primary difference between a real estate lawyer and a notary public, particularly in the context of real estate transactions, lies in their qualifications, scope of practice, and the services they provide:

  1. Qualifications:
    • Real Estate Lawyer: A real estate lawyer is a licensed attorney who has completed a law degree and passed the bar exam in the jurisdiction where they practice. They have extensive legal training and expertise in various aspects of law, including real estate law.
    • Notary Public: A notary public is a legal professional who has been appointed by the government to serve as an impartial witness in the signing of important documents. Notaries undergo specific training and must meet certain requirements set by the jurisdiction in which they are appointed.

  2. Scope of Practice:
    • Real Estate Lawyer: Real estate lawyers are authorized to provide legal advice, draft legal documents, review contracts, conduct title searches, negotiate terms, resolve disputes, and represent clients in court if necessary. They have the authority to offer comprehensive legal services related to real estate transactions and property law.
    • Notary Public: Notaries public primarily verify the identity of individuals signing legal documents, witness the signing of documents, administer oaths and affirmations, and certify copies of documents. While notaries can provide valuable services in facilitating real estate transactions, they do not have the authority to provide legal advice or represent clients in legal matters.

  3. Services Provided in Real Estate Transactions:
    • Real Estate Lawyer: In real estate transactions, a real estate lawyer can assist clients with various legal matters, such as reviewing purchase agreements, conducting due diligence, drafting and negotiating contracts, addressing title issues, facilitating closings, and providing legal advice on matters related to property rights, zoning laws, and regulatory compliance.
    • Notary Public: In real estate transactions, a notary public can verify the identity of the parties involved, witness the signing of documents, certify signatures, and ensure that documents are properly executed according to legal requirements. Notaries play a crucial role in authenticating the validity of documents but do not provide legal advice or services beyond their notarial duties.
While both real estate lawyers and notaries public can play important roles in real estate transactions, their roles and responsibilities differ based on their qualifications and scope of practice. In complex real estate transactions or situations involving legal issues, hiring a real estate lawyer may be advisable to ensure that your rights and interests are protected.

The information provided in these posts are for general purposes only. It is not written nor intended to provide legal advice or opinions of any kind. No one should act upon, refrain from acting, based solely upon the materials provided & recorded, or through any hypertext links and other general information, without first seeking appropriate legal and/or other professional advice.