Buying or selling a home is one of the biggest financial decisions most people will ever make—and it comes with plenty of legal paperwork. While your REALTOR® is your go-to resource for navigating the real estate process, a real estate attorney plays a critical role in protecting your legal interests along the way.
What Does a Real Estate Attorney Do?
A real estate attorney ensures the legal side of your transaction is handled correctly. Their responsibilities include:
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Reviewing contracts to make sure your rights are protected
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Clearing up title issues such as unpaid liens or ownership disputes
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Explaining legal terms and obligations so you fully understand what you’re signing
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Preparing and filing documents related to the deed, mortgage, and closing
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Resolving last-minute issues like title defects, missing signatures, or loan documentation errors
In short, their job is to make sure your transaction is legally sound and free from costly surprises.
Do You Really Need a Real Estate Attorney?
In some states, hiring a real estate attorney is required by law for all home sales or purchases. In others, it’s optional—but that doesn’t mean it’s unnecessary.
You may want to consider hiring a real estate attorney if:
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Your transaction involves a renovation or construction loan
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You are buying from a trust, estate, or probate
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You are co-buying with someone who is not your spouse
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You are using seller financing
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There are any title concerns or ownership disputes
Even if none of these apply, many buyers and sellers appreciate the peace of mind that comes with having a legal expert review their contracts and help avoid long-term consequences.
How Do You Find a Real Estate Attorney?
Start by asking your REALTOR® or mortgage lender for recommendations—they often work closely with attorneys and can refer professionals they trust. You can also search your local or state bar association for a directory of licensed attorneys.
When choosing an attorney, look for someone who:
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Specializes in residential real estate
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Is familiar with local laws and procedures
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Has experience with transactions similar to yours
Services Real Estate Attorneys Provide for Buyers
If you’re buying a home, a real estate attorney can:
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Review your purchase agreement
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Conduct or confirm the title search
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Coordinate with your lender to confirm your loan documents and closing disclosures are accurate
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Address legal concerns in renovation loans or estate sales
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Ensure the deed and ownership documents are correctly prepared
Services Real Estate Attorneys Provide for Sellers
For sellers, a real estate attorney can:
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Draft or review your sales contract
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Ensure all disclosures are completed
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Resolve issues like liens, easements, or boundary disputes
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Assist with estate or trust-related ownership transfers
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Oversee closing to make sure funds and ownership transfer securely
Can an Attorney Help Negotiate the Price?
Not directly. Negotiating the purchase price and deal structure is typically the job of your REALTOR®, who understands local market conditions. However, an attorney can support the process by:
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Reviewing the contract for risky or unclear language
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Advising on contingencies, timelines, and legal obligations
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Ensuring the final agreement aligns with your long-term goals
How Do Attorneys Help Prevent Legal Disputes?
By getting involved early, attorneys help prevent misunderstandings and future legal battles by:
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Ensuring the title is clear of defects or liens
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Verifying all documents and contracts are enforceable
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Ensuring required disclosures are made
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Making sure all paperwork aligns with state and local laws
Why Do Some States Require Attorneys?
In states where attorney involvement is required, the law typically mandates that an attorney:
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Prepare key closing documents
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Certify the title is valid
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Handle the transfer of funds
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Ensure the transaction is legally binding
Even if your state doesn’t require it, having an attorney can be especially helpful for high-value or complex transactions.
Final Thoughts
Real estate laws and practices can vary by state and even by municipality. Always consult with your REALTOR® and legal professional to ensure you’re protected and informed throughout the process.
For more consumer resources, visit facts.realtor.
