Real Estate Law · Haute Lawyer Network
What Does a Real Estate Attorney Do and When Do You Need One?
Last reviewed: June 2026
A real estate attorney is a lawyer who specializes in legal matters involving real property — the buying, selling, financing, developing, and disputing of land and buildings.
While real estate agents handle the marketing and transaction side of real estate, real estate attorneys handle the legal aspects. Some states require an attorney to be present at closing. Others allow closings to be handled by a title company without an attorney. Even where not legally required, a real estate attorney provides important protections.
A real estate attorney:
- Reviews purchase contracts and advises on legal obligations and risks.
- Conducts or supervises title searches and resolves title defects.
- Reviews title insurance commitments.
- Prepares and reviews closing documents.
- Handles real estate litigation — contract disputes, boundary disputes, title disputes, foreclosure, landlord-tenant.
- Drafts and reviews commercial leases.
- Advises on zoning, land use, and development issues.
Frequently Asked Questions
When should I hire a real estate attorney?
For any commercial real estate transaction, whenever a residential contract involves non-standard terms, in any transaction involving a significant legal issue — title problem, estate sale, foreclosure, boundary dispute — and whenever you are in a state that requires attorney involvement at closing.
How much does a real estate attorney cost?
For a residential closing, typically $500-$1,500. For commercial transactions, fees are often based on the deal size and complexity. Many real estate attorneys charge flat fees for routine closings.
Does my real estate agent provide legal advice?
No. Real estate agents are licensed to facilitate transactions — they cannot provide legal advice. If you have a legal question about your transaction, consult an attorney.
What is the difference between a title company and a real estate attorney?
A title company handles the ministerial functions of closing — holding escrow, conducting the title search, issuing title insurance, and processing documents. A real estate attorney provides legal advice, reviews documents in your interest, and can advocate for you if problems arise.
Do both buyer and seller need their own attorney?
Yes, in attorney states and whenever interests diverge — which is always in a negotiated transaction. One attorney cannot represent both parties.
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