Skip to main content
Not every real estate transaction requires an attorney. Many close successfully with agents, lenders, and title companies handling the process. However, certain situations benefit from legal expertise. Understanding when attorneys add value helps make informed decisions about representation.

​
Attorney States

Some states require attorney involvement in real estate transactions. Requirements vary: States requiring attorneys for closings: Connecticut, Delaware, Georgia, Massachusetts, New York, North Carolina, South Carolina, West Virginia, and others have varying requirements. States requiring attorney review: New Jersey, Illinois, and others require attorney review periods for contracts. States with no attorney requirement: Most states allow transactions without attorney involvement.
Requirements change and vary by transaction type. Verify current requirements for your state and situation. Even in states without requirements, attorneys can be involved if parties choose.

​
Complex Transactions

Attorney involvement often adds value when transactions involve unusual circumstances.
  • Commercial properties
  • Multi-family buildings
  • Mixed-use properties
  • Properties with tenants
  • Land and development parcels
  • Properties with easements or access issues
  • Estate sales and probate properties
  • Divorce-related sales
  • Partnership or LLC-owned properties
  • Properties with multiple owners
  • Trust-owned real estate
  • Properties with life estates
  • Clouds on title requiring resolution
  • Boundary disputes or encroachments
  • Easement negotiations
  • Liens requiring release
  • Chain of title gaps
  • Quiet title actions needed
  • Seller financing arrangements
  • Assumption of existing mortgages
  • Subject-to transactions
  • Private money lending
  • Complex loan structures
  • Non-standard contract terms
  • Complex contingencies
  • Disputes during transaction
  • Extension or amendment negotiations
  • Earnest money disputes

​
Disputes and Litigation

Attorneys are essential when disagreements escalate beyond negotiation. Transaction disputes:
  • Breach of contract claims
  • Earnest money disputes
  • Failure to close
  • Misrepresentation allegations
  • Disclosure violations
Property disputes:
  • Boundary disagreements
  • Easement conflicts
  • Encroachment issues
  • Adverse possession claims
  • Water rights
Landlord-tenant matters:
  • Eviction proceedings
  • Lease disputes
  • Security deposit claims
  • Habitability issues
  • Lease termination
HOA disputes:
  • Assessment challenges
  • Rule enforcement conflicts
  • Architectural disputes
  • Access issues

​
Estate and Inheritance

Property transfers involving death or estate planning often require legal guidance. When someone dies:
  • Probate process navigation
  • Transfer of inherited property
  • Deed preparation for heirs
  • Resolving claims against estate
  • Distributing property among beneficiaries
Estate planning:
  • Transferring property into trusts
  • Structuring ownership for estate tax purposes
  • Life estate arrangements
  • Adding or removing names from title
  • Planning for incapacity

​
Business and Investment

Investors and business owners often benefit from attorney involvement. Entity structuring:
  • Forming LLCs for property ownership
  • Partnership agreements for joint investments
  • Asset protection strategies
  • Operating agreement drafting
Portfolio transactions:
  • Bulk property purchases
  • 1031 exchange structuring
  • Commercial lease negotiation
  • Development agreements

​
What Attorneys Can Handle

Real estate attorneys are licensed to perform many functions in a transaction.
Attorneys can:
  • Draft and review purchase contracts
  • Negotiate terms and contingencies
  • Conduct title searches and provide title opinions
  • Handle closings and settlements
  • Prepare deeds and transfer documents
  • Provide legal advice throughout the transaction
In some transactions, an attorney can handle contractual and closing work without other representation. This is common in For Sale By Owner transactions, estate sales, and situations where parties prefer direct legal representation. The choice depends on individual needs, transaction complexity, and what services add value for your situation.

​
When Agents Are Sufficient

Many standard transactions close successfully without attorney involvement:
  • Straightforward purchases with standard contracts
  • Clear title with no issues
  • Conventional financing
  • Standard contingencies
  • No disputes or complications
  • States without attorney requirements
Real estate agents, lenders, and title companies handle these transactions regularly. Attorney involvement is a choice, not always a requirement.

​
Cost Considerations

Attorney fees vary based on services provided. Flat fees: Many attorneys charge flat fees for specific services:
  • Contract review: $200 - $500
  • Closing representation: $500 - $1,500
  • Full transaction representation: $1,000 - $3,000
Hourly rates: Complex matters may be billed hourly:
  • $150 - $400+ per hour depending on location and experience
Value assessment: Consider potential costs of not having representation:
  • Contract terms that favor the other party
  • Missed issues in title or disclosures
  • Disputes without legal guidance
  • Liability from improper documentation

​
Questions to Ask Yourself

Do I need an attorney?
  • Is attorney involvement required in my state?
  • Does this transaction have unusual complexity?
  • Are there title issues that need resolution?
  • Do I fully understand the contract terms?
  • Is there potential for disputes?
  • Does this involve an estate, divorce, or business entity?
  • Do I want someone representing only my legal interests?
If you answer yes to any of these, consultation with an attorney may be worthwhile.

Next: Types of Attorneys

Specializations within real estate law

Find Real Estate Attorneys

Research attorneys with experience in your situation