Hiring a Real Estate Attorney / Using a Title Company

Though it is possible to sell a home without hiring an attorney, it is often useful to do so for one or more of the following functions:

  • Providing legal advice on real estate matters such as disclosing particular information in a seller's disclosure, contract provisions and financial adjustments, and the handling of any disputes between the parties.
  • Reviewing documents and recommending changes.
  • Representing you at the "closing", or handling/hosting the closing. Many times this is handled by an attorney for the mortgage lender for a Buyer, however an attorney for the mortgage company generally does not get involved until the closing and after purchase agreement has been signed.

Real estate Buyers and Sellers can both benefit from legal representation. There are usually many financial adjustments between the Buyer and the Seller at closing. If any discrepancies occur, having a real estate attorney can help correct these issues and end up saving you money.

Discuss the fees your lawyer or title company will charge for tasks including review of documents you have prepared, preparation of additional documents if necessary, representation at closing, and/or actually handling/performing the closing. If the price seems high, shop around. A reasonable range is $250 - $750 to handle a closing, depending on the region in which you live. Lesser services should be much less. If you are using a real estate agent, your agent can provide you guidance and make recommendations on selecting the lawyer or title company who can meet your needs. If it is an attorney, make sure the attorney handles real-estate transactions on a regular basis.

Home Selling Guide Topics:
Introduction | Tips for making home attactive | Setting a Sales Price | Advertising and Showing
Real Estate Agents | Real Estate Attorney/Title Company | Accepting a Purchase Offer
Contract for the Sale of Real Estate | Buyer's Inspection | The Home Inspection
Earnest Money & Escrow | Title Insurance | Pro-ration | The Closing